Privacy Act Exemption for AssuranceNet, 12745-12747 [2024-03343]
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12745
Rules and Regulations
Federal Register
Vol. 89, No. 34
Tuesday, February 20, 2024
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 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 (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Final rule.
AGENCY:
FSIS is amending its
regulations to exempt certain records
maintained by its AssuranceNet (ANet)
system of records from the notification
and access provisions of the Privacy Act
of 1974 (Privacy Act). FSIS is taking this
action because ANet contains
information directly associated with
investigations conducted by FSIS for
law enforcement purposes.
DATES: Effective date: April 22, 2024.
FOR FURTHER INFORMATION CONTACT:
Valerie Neris, AssuranceNet System
Owner/Manager, Litigation and
Enforcement Programs Staff, Office of
Investigation, Enforcement and Audit;
Telephone (202) 550–3562.
For Privacy Questions: Timothy Poe,
Government Information Specialist/
Mission Area Privacy Officer, Freedom
of Information Act Staff, Office of Public
Affairs and Consumer Education;
Telephone (202) 937–4207.
SUPPLEMENTARY INFORMATION: 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.
FSIS uses ANet, a management control
and performance monitoring system that
gathers information from electronic and
paper-based sources, to track, measure,
and monitor the performance of its and
its state partners’ critical public health
functions and to alert FSIS management
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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16:07 Feb 16, 2024
Jkt 262001
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.
On March 22, 2022, FSIS published a
system of records notice (SORN) for
USDA/FSIS–0005, ANet (87 FR 16163).
In the same Federal Register, FSIS
published a proposed rule 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) (87
FR 16105). FSIS explained in the
proposed rule that ANet includes
investigatory material compiled for law
enforcement, which fall under the
Privacy Act exemptions in 5 U.S.C.
552a(k). FSIS also explained that the
proposed exemptions were necessary to
protect information on the methods
used in law enforcement activities from
those individuals who are subjects to
the investigation and the identities and
physical safety of witnesses and others
who aid in investigations. Moreover,
FSIS explained that the exemptions
would ensure FSIS’ ability to obtain
information from third parties and
safeguard those investigatory records
that are needed for litigation (87 FR
16105–16106).
The comment period for the proposed
rule ended on April 21, 2022. After
carefully considering the comments,
discussed below, FSIS is finalizing the
proposal without changes.
Summary of Comments and Responses
FSIS received two comments from
individuals on the proposed rule.
Comment: One commenter asked if
the exempted information in ANet will
be made available once the investigation
has ended.
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Fmt 4700
Sfmt 4700
Response: Investigative and law
enforcement information in ANet may
still be exempted from release after an
investigation has concluded, because it
may provide information on
investigative methods and techniques,
allow violators to revise their methods
to go undetected to circumvent the law,
or disclose confidential informants or
sources. Whether certain information
may be releasable after an investigation
has ended will be addressed on a caseby-case basis, consistent with the
Privacy Act and the Freedom of
Information Act (5 U.S.C. 552).
Comment: The other commenter
argued that FSIS should withdraw the
proposal because the Agency did not
define ‘‘SORN’’ in the proposed rule.
Response: FSIS is not withdrawing
the proposal. On page 16105 of the
proposed rule (87 FR 16105), the
Agency explained that a SORN is a
system of records notice that 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.
Executive Orders 12866, as Amended
by 14094, and 13563
Executive Orders (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
effects, 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 final 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. While this final rule may
benefit law enforcement efforts, FSIS
does not anticipate quantifiable costs or
benefits accruing from this rule.
Regulatory Flexibility Act
The FSIS Administrator certifies that,
for the purposes of the Regulatory
Flexibility Act (5 U.S.C. et seq.), this
final rule will not have a significant
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12746
Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Rules and Regulations
economic impact on a substantial
number of small entities in the United
States. This final rule is not expected to
increase costs to industry.
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).
Executive Order 12988, Civil Justice
Reform
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. Under this rule: (1) All
State and local laws and regulations that
are inconsistent with this rule will be
preempted; (2) no retroactive effect will
be given to this rule; and (3) no
administrative proceedings will be
required before parties may file suit in
court challenging this rule.
ddrumheller on DSK120RN23PROD with RULES1
Environmental Impact
Each USDA agency is required to
comply with 7 CFR part 1b of the
Departmental regulations, which
supplements the National
Environmental Policy Act regulations
published by the Council on
Environmental Quality. Under these
regulations, actions of certain USDA
agencies and agency units are
categorically excluded from the
preparation of an Environmental
Assessment (EA) or an Environmental
Impact Statement (EIS) unless the
agency head determines that an action
may have a significant environmental
effect (7 CFR 1b.4(b)). FSIS is among the
agencies categorically excluded from the
preparation of an EA or EIS (7 CFR
1b.4(b)(6)).
FSIS has determined that this final
rule, which exempts certain records
maintained by its ANet system of
records from the notification and access
provisions of the Privacy Act, will not
create any extraordinary circumstances
that will result in this normally
excluded action having a significant
effect on the human environment.
Therefore, this action is appropriately
subject to the categorical exclusion for
FSIS programs and activities under 7
CFR 1b.4.
E-Government Act
FSIS and the USDA are committed to
achieving the purposes of the EGovernment Act (44 U.S.C. 3601 et seq.)
by, among other things, promoting the
use of the internet and other
information technologies and providing
increased opportunities for citizen
access to Government information and
services, and for other purposes.
VerDate Sep<11>2014
16:07 Feb 16, 2024
Jkt 262001
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
announce this Federal Register
publication online 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 can 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.
Executive Order 13175
This rule has been reviewed in
accordance with the requirements of
E.O. 13175, ‘‘Consultation and
Coordination with Indian Tribal
Governments.’’ E.O. 13175 requires
Federal agencies to consult and
coordinate with tribes on a governmentto-government basis on policies that
have tribal implications, including
regulations, legislative comments or
proposed legislation, and other policy
statements or actions that 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.
FSIS has assessed the impact of this
rule on Indian tribes and determined
that this rule does not, to our
knowledge, have tribal implications that
require tribal consultation under E.O.
13175. If a tribe requests consultation,
FSIS will work with the Office of Tribal
Relations to ensure meaningful
consultation is provided where changes,
additions, and modifications identified
herein are not expressly mandated by
Congress.
USDA Non-Discrimination Statement
In accordance with Federal civil
rights law and USDA civil rights
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
regulations and policies, USDA, its
Mission Areas, agencies, staff offices,
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.
Program information may be made
available in languages other than
English. Persons with disabilities who
require alternative means of
communication to obtain program
information (e.g., Braille, large print,
audiotape, American Sign Language)
should contact the responsible Mission
Area, agency, or staff office; the USDA
TARGET Center at (202) 720–2600
(voice and TTY); or the Federal Relay
Service at (800) 877–8339.
To file a program discrimination
complaint, a complainant should
complete a Form, AD–3027, USDA
Program Discrimination Complaint
Form, which can be obtained online at
https://www.usda.gov/forms/electronicforms, from any USDA office, by calling
(866) 632–9992, or by writing a letter
addressed to USDA. The letter must
contain the complainant’s name,
address, telephone number, and a
written description of the alleged
discriminatory action in sufficient detail
to inform the Assistant Secretary for
Civil Rights about the nature and date
of an alleged civil rights violation. The
completed AD–3027 form or letter must
be submitted 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:
(833) 256–1665 or (202) 690–7442; or (3)
Email: program.intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
List of Subjects in 9 CFR Part 390
Freedom of information, Privacy.
For the reasons stated in the
preamble, FSIS amends 9 CFR part 390
as follows:
PART 390—FREEDOM OF
INFORMATION AND PUBLIC
INFORMATION
1. The authority citation for part 390
is revised to read as follows:
■
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Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Rules and Regulations
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:
ddrumheller on DSK120RN23PROD with RULES1
§ 390.11 FSIS systems of records exempt
from the Privacy Act.
(a) 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 subsections (d)(1) and (2).
(5) From subsection (e)(1) because 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 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.
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Jkt 262001
(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) requires. In the
event, however, that subsection (e)(4)(I)
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.
(b) [Reserved]
Done in Washington, DC.
Theresa Nintemann,
Deputy Administrator.
[FR Doc. 2024–03343 Filed 2–16–24; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0145]
RIN 1625–AA00
Safety Zone; Laguna Madre, South
Padre Island, TX
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters in the Laguna
Madre. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by a firework display
launched from a stationary barge in the
Laguna Madre, South Padre Island,
Texas. Entry of vessels or persons into
this zone or remaining in the zone when
it is in effect is prohibited unless
specifically authorized by the Captain of
the Port, Sector Corpus Christi or a
designated representative.
DATES: This rule is effective from 6 p.m.
on February 14, 2024 through 1 a.m. on
February 15, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0145 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
SUMMARY:
PO 00000
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12747
If
you have questions about this rule, call
or email Lieutenant Commander
Anthony Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email CCWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
COTP Captain of the Port, Sector Corpus
Christi
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
safety zone to protect personnel, vessels,
and the marine environment from
potential hazards created by the
fireworks display, and we lack sufficient
time to provide a reasonable comment
period and consider any comments
submitted before issuing the rule.
Under 5 U.S.C. 553(d)(3), and for the
same reason provided above, the Coast
Guard finds that good cause also exists
for making this rule effective less than
30 days after publication in the Federal
Register.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port, Sector Corpus
Christi (COTP) has determined that
potential hazards associated with the
fireworks displays occurring from 6
p.m. on February 14, 2024 through 1
a.m. on February 15, 2024 will be a
safety concern for anyone in the waters
of the Laguna Madre area within a 700
yard radius of the following point;
26°6′5.05″ N, 97°10′12.46″ W. The
purpose of this rule is to ensure safety
of vessels and persons on these
navigable waters in the safety zone
while the display of the fireworks takes
place in the Laguna Madre.
E:\FR\FM\20FER1.SGM
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Agencies
[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Rules and Regulations]
[Pages 12745-12747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03343]
========================================================================
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. 89, No. 34 / Tuesday, February 20, 2024 /
Rules and Regulations
[[Page 12745]]
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 (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FSIS is amending its regulations to exempt certain records
maintained by its AssuranceNet (ANet) system of records from the
notification and access provisions of the Privacy Act of 1974 (Privacy
Act). FSIS is taking this action because ANet contains information
directly associated with investigations conducted by FSIS for law
enforcement purposes.
DATES: Effective date: April 22, 2024.
FOR FURTHER INFORMATION CONTACT: Valerie Neris, AssuranceNet System
Owner/Manager, Litigation and Enforcement Programs Staff, Office of
Investigation, Enforcement and Audit; Telephone (202) 550-3562.
For Privacy Questions: Timothy Poe, Government Information
Specialist/Mission Area Privacy Officer, Freedom of Information Act
Staff, Office of Public Affairs and Consumer Education; Telephone (202)
937-4207.
SUPPLEMENTARY INFORMATION: 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. FSIS uses ANet, a management control
and performance monitoring system that gathers information from
electronic and paper-based sources, 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.
On March 22, 2022, FSIS published a system of records notice (SORN)
for USDA/FSIS-0005, ANet (87 FR 16163). In the same Federal Register,
FSIS published a proposed rule 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) (87 FR 16105). FSIS explained in the
proposed rule that ANet includes investigatory material compiled for
law enforcement, which fall under the Privacy Act exemptions in 5
U.S.C. 552a(k). FSIS also explained that the proposed exemptions were
necessary to protect information on the methods used in law enforcement
activities from those individuals who are subjects to the investigation
and the identities and physical safety of witnesses and others who aid
in investigations. Moreover, FSIS explained that the exemptions would
ensure FSIS' ability to obtain information from third parties and
safeguard those investigatory records that are needed for litigation
(87 FR 16105-16106).
The comment period for the proposed rule ended on April 21, 2022.
After carefully considering the comments, discussed below, FSIS is
finalizing the proposal without changes.
Summary of Comments and Responses
FSIS received two comments from individuals on the proposed rule.
Comment: One commenter asked if the exempted information in ANet
will be made available once the investigation has ended.
Response: Investigative and law enforcement information in ANet may
still be exempted from release after an investigation has concluded,
because it may provide information on investigative methods and
techniques, allow violators to revise their methods to go undetected to
circumvent the law, or disclose confidential informants or sources.
Whether certain information may be releasable after an investigation
has ended will be addressed on a case-by-case basis, consistent with
the Privacy Act and the Freedom of Information Act (5 U.S.C. 552).
Comment: The other commenter argued that FSIS should withdraw the
proposal because the Agency did not define ``SORN'' in the proposed
rule.
Response: FSIS is not withdrawing the proposal. On page 16105 of
the proposed rule (87 FR 16105), the Agency explained that a SORN is a
system of records notice that 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.
Executive Orders 12866, as Amended by 14094, and 13563
Executive Orders (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 effects, 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 final 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. While this final rule may benefit law enforcement efforts, FSIS
does not anticipate quantifiable costs or benefits accruing from this
rule.
Regulatory Flexibility Act
The FSIS Administrator certifies that, for the purposes of the
Regulatory Flexibility Act (5 U.S.C. et seq.), this final rule will not
have a significant
[[Page 12746]]
economic impact on a substantial number of small entities in the United
States. This final rule is not expected to increase costs to industry.
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).
Executive Order 12988, Civil Justice Reform
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. Under this rule: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3) no
administrative proceedings will be required before parties may file
suit in court challenging this rule.
Environmental Impact
Each USDA agency is required to comply with 7 CFR part 1b of the
Departmental regulations, which supplements the National Environmental
Policy Act regulations published by the Council on Environmental
Quality. Under these regulations, actions of certain USDA agencies and
agency units are categorically excluded from the preparation of an
Environmental Assessment (EA) or an Environmental Impact Statement
(EIS) unless the agency head determines that an action may have a
significant environmental effect (7 CFR 1b.4(b)). FSIS is among the
agencies categorically excluded from the preparation of an EA or EIS (7
CFR 1b.4(b)(6)).
FSIS has determined that this final rule, which exempts certain
records maintained by its ANet system of records from the notification
and access provisions of the Privacy Act, will not create any
extraordinary circumstances that will result in this normally excluded
action having a significant effect on the human environment. Therefore,
this action is appropriately subject to the categorical exclusion for
FSIS programs and activities under 7 CFR 1b.4.
E-Government Act
FSIS and the USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601 et seq.) by, among other things,
promoting the use of the internet and other information technologies
and providing increased opportunities for citizen access to Government
information and services, and for other purposes.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication online 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 can 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.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
E.O. 13175, ``Consultation and Coordination with Indian Tribal
Governments.'' E.O. 13175 requires Federal agencies to consult and
coordinate with tribes on a government-to-government basis on policies
that have tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that 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.
FSIS has assessed the impact of this rule on Indian tribes and
determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
tribe requests consultation, FSIS will work with the Office of Tribal
Relations to ensure meaningful consultation is provided where changes,
additions, and modifications identified herein are not expressly
mandated by Congress.
USDA Non-Discrimination Statement
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Mission Areas, agencies, staff
offices, 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.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form, AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at https://www.usda.gov/forms/electronic-forms, from any USDA office, by calling (866) 632-9992, or by writing a
letter addressed to USDA. The letter must contain the complainant's
name, address, telephone number, and a written description of the
alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights about the nature and date of an
alleged civil rights violation. The completed AD-3027 form or letter
must be submitted 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: (833) 256-1665 or (202)
690-7442; or (3) Email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
List of Subjects in 9 CFR Part 390
Freedom of information, Privacy.
For the reasons stated in the preamble, FSIS amends 9 CFR part 390
as follows:
PART 390--FREEDOM OF INFORMATION AND PUBLIC INFORMATION
0
1. The authority citation for part 390 is revised to read as follows:
[[Page 12747]]
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) 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 subsections (d)(1)
and (2).
(5) From subsection (e)(1) because 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 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) requires. In the event, however, that subsection (e)(4)(I)
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.
(b) [Reserved]
Done in Washington, DC.
Theresa Nintemann,
Deputy Administrator.
[FR Doc. 2024-03343 Filed 2-16-24; 8:45 am]
BILLING CODE 3410-DM-P