80 FR 49175 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security DHS/CBP-001, Import Information System, System of Records, System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 80, Issue 158 (August 17, 2015)

Page Range		49175-49177
FR Document		2015-19726

The Department of Homeland Security is giving concurrent notice for the newly established ``Department of Homeland Security/CBP- 001, Import Information System, System of Records'' and this proposed rulemaking. In accordance with the Privacy Act of 1974, the Department of Homeland Security concurrently proposes to consolidate, update, and rename two current Department of Homeland Security systems of records titled, ``Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP-001 Automated Commercial Environment/International Trade Data System System of Records'' and ``Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP-015 Automated Commercial System System of Records'' as one new system of records. The consolidated system of records notice will be titled, ``Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP-001 Import Information System System of Records.'' This system of records will continue to collect and maintain records on all commercial goods imported into the United States, as well as information pertaining to the carrier, broker, importer, and other persons associated with the manifest, import, or commercial entry transactions for the goods. In this proposed rulemaking, the Department proposes 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.

Federal Register, Volume 80 Issue 158 (Monday, August 17, 2015)

[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Proposed Rules]
[Pages 49175-49177]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-19726]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2015-0046]

Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security DHS/CBP-001, Import Information System, System of
Records, System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security is giving concurrent
notice for the newly established ``Department of Homeland Security/CBP-
001, Import Information System, System of Records'' and this proposed
rulemaking. In accordance with the Privacy Act of 1974, the Department
of Homeland Security concurrently proposes to consolidate, update, and
rename two current Department of Homeland Security systems of records
titled, ``Department of Homeland Security/U.S. Customs and Border
Protection, DHS/CBP-001 Automated Commercial Environment/International
Trade Data System System of Records'' and ``Department of Homeland
Security/U.S. Customs and Border Protection, DHS/CBP-015 Automated
Commercial System System of Records'' as one new system of records. The
consolidated system of records notice will be titled, ``Department of
Homeland Security/U.S. Customs and Border Protection, DHS/CBP-001
Import Information System System of Records.'' This system of records
will continue to collect and maintain records on all commercial goods
imported into the United States, as well as information pertaining to
the carrier, broker, importer, and other persons associated with the
manifest, import, or commercial entry transactions for the goods. In
this proposed rulemaking, the Department proposes 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.

DATES: Comments must be received on or before September 16, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0046, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
John Connors (202) 344-1610, CBP Privacy Officer, Office of the
Commissioner, U.S. Customs and Border Protection, Washington, DC 20229.
For privacy questions, please contact: Karen L. Neuman, (202) 343-1717,
Chief Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS), U.S. Customs and Border
Protection (CBP) proposes to consolidate, update, and rename as one
system of records notice (SORN) the information currently contained in
two DHS SORNs titled, ``DHS/CBP-001 Automated Commercial Environment/
International Trade Data System (ACE/ITDS) System of Records'' (71 FR
3109, January 19, 2006) and ``DHS/CBP-015 Automated Commercial System
(ACS) System of Records'' (73 FR 77759, December 19, 2008) . This new
SORN, entitled ``DHS/CBP-001 Import Information System (IIS),'' will
inform the public about changes to the

[[Page 49176]]

categories of individuals, categories of records, and routine uses
contained in the consolidation of the former ACS and ACE/ITDS SORNs.
ACS, a decades old trade information database and information
technology (IT) system, was deployed to track, control, and process all
commercial goods imported into the United States. ACE, part of a multi-
year modernization effort since 2001 to replace ACS, continues to be
designed to manage CBP's import trade data and related transaction
information. ACE/ITDS serves three sets of core stakeholders: The
internal DHS/CBP users, Participating Government Agencies (PGA), and
the trade community. ACE is the IT backbone for the ITDS, an
interagency initiative formalized under the SAFE Port Act of 2006 to
create a single window for the trade community and PGAs involved in
importing and exporting. DHS/CBP has provided notice to the public and
trade community that in the future, ACS, the IT system, will be fully
phased out and replaced by ACE. As such, and to simplify the trade
community's and the public's understanding of how trade information
will be handled after ACE implementation, DHS/CBP is publishing this
Import Information System (IIS) SORN to identify a single repository
for import trade information. DHS/CBP is also publishing a combined
ACE-ITDS/ACS Privacy Impact Assessment on its Web site (http://www.dhs.gov/privacy) to inform the public of the operation and inter-
connectedness of the IT systems, ACS and ACE, and to assess the privacy
impact of these systems using the fair information practice principles.
This IIS system of records allows DHS/CBP to collect and maintain
records on all commercial goods imported into the United States, along
with related information about persons associated with those
transactions, and manifest information.
As part of this consolidation and issuance of IIS, the category of
individuals and category of records sections in the former ACS and ACE-
ITDS have been merged to account for the data in both IT systems, as
well as paper records related to the information in these systems. The
category of individuals section is amended to remove reference to DHS/
CBP employees and employees of other federal agencies for purposes of
maintaining their user access accounts to the ACE-ITDS Portal, because
these individuals are now covered under a DHS-wide SORN, ``DHS/ALL-004
General Information Technology Access Account Records System (GITAARS)
(77 FR 70792, November 27, 2012). The category of records for IIS will
also include notations and results of examinations and document review
for cleared merchandise to clarify and better identify DHS and PGA-
generated information related to the processing of the import entry
transaction. Additionally, the category of records is being expanded to
address the expansion of information DHS/CBP proposes to collect on its
revised Importer ID Input Record (CBP Form 5106). DHS/CBP is adding
required elements for the name (First, Middle, Last) and business
contact information (job title and phone) of Senior Company Officers of
the Importer; DHS/CBP is also adding optional data fields on the form
for the Senior Officers to provide Social Security number (SSN) or
Passport Number and Country of Issuance. These latter, optional data
elements are to facilitate Importer screening and verification.
The authorities sections from the previous SORNs have been
combined, reconciled to address duplication, and updated to account for
expanded information collected about business associations as part of
the ACE-ITDS Portal user account. The purpose section for IIS reflects
an update to the combined purposes for ACS and ACE-ITDS and addresses
DHS/CBP's broad use of its import trade transaction IT systems (ACS and
ACE) to collect and manage records to track, control, and process all
commercial goods imported into the United States.
Consistent with DHS's information-sharing mission, information
stored in the DHS/CBP-001 Import Information System (IIS) may be shared
with other DHS Components that have a need to know the information to
carry out their national security, law enforcement, immigration, or
other homeland security functions. In addition, information may be
shared with appropriate federal, state, local, tribal, territorial,
foreign, or international government agencies consistent with the
routine uses set forth in this SORN and as otherwise authorized under
the Privacy Act.
Information in IIS may be shared for the same routine uses as were
previously published in ACS and ACE-ITDS, and are now updated in this
document:
ACS's former Routine Use K is now reclassified as Routine
Use G.
[cir] Routine Use G permits sharing of data under the following
circumstances: ``To appropriate federal, state, local, tribal, or
foreign governmental agencies or multilateral governmental
organizations responsible for investigating or prosecuting the
violations of, or for enforcing or implementing, a statute, rule,
regulation, order, license, or treaty where DHS determines that the
information would assist in the enforcement of civil or criminal
laws.''
ACE-ITDS's former Routine Use 3 is now reclassified as
Routine Use K.
[cir] Routine Use K permits sharing of data under the following
circumstances: ``To a federal, state, local, tribal, territorial,
foreign, or international agency, maintaining civil, criminal or other
relevant enforcement information, or other pertinent information, which
has requested information relevant to or necessary to the requesting
agency's or the bureau's hiring or retention of an individual, or
issuance of a security clearance, license, contract, grant, or other
benefit.''
Additionally, DHS/CBP is adding another routine use to IIS, Routine
Use R, to provide explicit coverage for the mandated release of
Manifest Information as set forth in section 1431 of title 19, United
States Code and implemented through title 19, Code of Federal
Regulations, part 103:
Routine Use R permits sharing of data under the following
circumstances: ``To paid subscribers, in accordance with applicable
regulations, for the purpose of providing access to manifest
information as set forth in 19 U.S.C. 1431.''
DHS/CBP will not assert any exemptions with regard to information
provided by or on behalf of an individual. However, this data may be
shared with law enforcement and/or intelligence agencies pursuant to
the routine uses identified in the IIS SORN and as otherwise authorized
under the Privacy Act. The Privacy Act requires that DHS maintain an
accounting of such disclosures. Disclosing the fact that a law
enforcement and/or intelligence agency has sought particular records
may interfere with or disclose techniques and procedures related to
ongoing law enforcement investigations. As such, DHS is issuing a
Notice of Proposed Rulemaking to exempt this system of records from
certain provisions of the Privacy Act elsewhere in the Federal
Register. This updated system will be included in DHS's inventory of
record systems.

II. Privacy Act

The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate personally
identifiable information. The Privacy Act applies to information that
is maintained in a ``system of records.'' A ``system of

[[Page 49177]]

records'' is a group of any records under the control of an agency from
which information is retrieved by the name of the individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. In the Privacy Act, an individual is defined to
encompass U.S. citizens and lawful permanent residents. As a matter of
policy, DHS extends administrative Privacy Act protections to all
individuals where systems of records maintain information on U.S.
citizens, lawful permanent residents, and non-immigrant aliens.
The Privacy Act allows government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/CBP-001 Import Information System System of Records.
No exemption shall be asserted with respect to information
maintained in the system as it relates to data submitted by or on
behalf of a person who travels to visit the United States, nor shall an
exemption be asserted with respect to the resulting determination
(authorized to travel, not authorized to travel, pending).
Some information in DHS/CBP-001 Import Information System System of
Records relates to official DHS national security, law enforcement or
intelligence activities. This system may contain records or information
pertaining to the accounting of disclosures made from IIS to other law
enforcement or intelligence agencies (Federal, State, local, foreign,
international, or tribal) in accordance with the published routine
uses. For the accounting of these disclosures only, in accordance with
5 U.S.C. 552a(j)(2) and (k)(2), DHS will claim the original exemptions
for these records or information from subsection (c)(3), (e)(8), and
(g) of the Privacy Act of 1974, as amended, as necessary and
appropriate to protect such information. Moreover, DHS will add this
exemption to Appendix C to 6 CFR part 5, DHS Systems of Records Exempt
from the Privacy Act. Such exempt records or information may be law
enforcement or national security investigation records, law enforcement
activity and encounter records, or terrorist screening records.
DHS needs these exemptions in order to protect information relating
to law enforcement investigations from disclosure to subjects of
investigations and others who could interfere with investigatory and
law enforcement activities. Specifically, the exemptions are required
to: Preclude subjects of investigations from frustrating the
investigative process; avoid disclosure of investigative techniques;
protect the identities and physical safety of confidential informants
and of law enforcement personnel; ensure DHS's and other federal
agencies' ability to obtain information from third parties and other
sources; protect the privacy of third parties; and safeguard sensitive
information.
Nonetheless, DHS will examine each request on a case-by-case basis,
and, after conferring with the appropriate component or agency, may
waive applicable exemptions in appropriate circumstances and where it
would not appear to interfere with or adversely affect the law
enforcement or national security investigation.
Again, DHS will not assert any exemption with respect to
information maintained in the system that is collected from a person
and submitted by that person's air or vessel carrier, if that person,
or his or her agent, seeks access or amendment of such information.

List of Subjects in 6 CFR Part 5

Freedom of information, Privacy.

For the reasons stated in the preamble, DHS proposes to amend
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: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.

0
2. At the end of Appendix C to Part 5, add paragraph ``74'' to read as
follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act.

* * * * *
74. DHS/CBP-001, Import Information System (IIS). A portion of
the following system of records is exempt from 5 U.S.C. 552a(c)(3),
(e)(8), and (g)(1) pursuant to 5 U.S.C. 552a(j)(2), and from 5
U.S.C. 552a(c)(3) pursuant to 5 U.S.C. 552a(k)(2). Further, no
exemption shall be asserted with respect to information maintained
in the system as it relates to data submitted by or on behalf of a
person who travels to visit the United States and crosses the
border, nor shall an exemption be asserted with respect to the
resulting determination (approval or denial). After conferring with
the appropriate component or agency, DHS may waive applicable
exemptions in appropriate circumstances and where it would not
appear to interfere with or adversely affect the law enforcement
purposes of the systems from which the information is recompiled or
in which it is contained. Exemptions from the above particular
subsections are justified, on a case-by-case basis to be determined
at the time a request is made, when information in this system of
records is may impede a law enforcement, intelligence activities and
national security investigation:
(a) From subsection (c)(3) (Accounting for Disclosure) because
making available to a record subject the accounting of disclosures
from records concerning him or her would specifically reveal any
investigative interest in the individual. Revealing this information
could reasonably be expected to compromise ongoing efforts to
investigate a violation of U.S. law, including investigations of a
known or suspected terrorist, by notifying the record subject that
he or she is under investigation. This information could also permit
the record subject to take measures to impede the investigation,
e.g., destroy evidence, intimidate potential witnesses, or flee the
area to avoid or impede the investigation.
(b) From subsection (e)(8) (Notice on Individuals) because to
require individual notice of disclosure of information due to
compulsory legal process would pose an impossible administrative
burden on DHS and other agencies and could alert the subjects of
counterterrorism or law enforcement investigations to the fact of
those investigations when not previously known.
(c) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.

Dated: July 31, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2015-19726 Filed 8-14-15; 8:45 am]
BILLING CODE 9111-14-P

Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules 49175

no later than 30 days after either the § 1605.31 Contributions missed as a result as well as information pertaining to the
date the TSP provides the participant of military service. carrier, broker, importer, and other
with a notice reflecting the error or the * * * * * persons associated with the manifest,
date the TSP makes available on its Web (d) Breakage. The employee is import, or commercial entry
site a participant statement reflecting entitled to breakage on agency transactions for the goods. In this
the error, whichever is earlier. The contributions made under paragraph (c) proposed rulemaking, the Department
employing agency must promptly notify of this section. The employee will elect proposes to exempt portions of the
the TSP that the participant is entitled to have the calculation based on either system of records from one or more
to breakage. the contribution allocation(s) on file for provisions of the Privacy Act because of
(3) If a participant or beneficiary fails the participant during the period of criminal, civil, and administrative
to file a claim for breakage for errors military service or the default enforcement requirements.
involving incorrect dates of birth in a investment fund in effect for the DATES: Comments must be received on
timely manner, the employing agency participant; the participant must make or before September 16, 2015.
may nevertheless, in its sound this election at the same time his or her ADDRESSES: You may submit comments,
discretion, pay breakage on any such makeup schedule is established identified by docket number DHS–
error that is brought to its attention. pursuant to § 1605.11(c). 2015–0046, by one of the following
* * * * * [FR Doc. 2015–20273 Filed 8–14–15; 8:45 am] methods:
■ 6. Amend § 1605.22, by revising BILLING CODE 6760–01–P • Federal e-Rulemaking Portal:
paragraphs (b)(2), (c)(2), and (c)(3) to http://www.regulations.gov. Follow the
read as follows: instructions for submitting comments.
DEPARTMENT OF HOMELAND • Fax: 202–343–4010.
§ 1605.22 Claims for correction of Board • Mail: Karen L. Neuman, Chief
or TSP record keeper errors; time SECURITY
Privacy Officer, Privacy Office,
limitations.
Office of the Secretary Department of Homeland Security,
* * * * * Washington, DC 20528.
(b) * * * Instructions: All submissions received
6 CFR Part 5
(1) * * * must include the agency name and
(2) For errors involving an investment [Docket No. DHS–2015–0046] docket number for this notice. All
in the wrong fund caused by Board or comments received will be posted
TSP record keeper error, the Board or Privacy Act of 1974: Implementation of without change to http://
the TSP record keeper must promptly Exemptions; Department of Homeland www.regulations.gov, including any
pay breakage if it is discovered within Security DHS/CBP–001, Import personal information provided.
30 days of the issuance of the most Information System, System of Docket: For access to the docket to
recent TSP participant (or loan) Records, System of Records read background documents or
statement, transaction confirmation, or AGENCY: Privacy Office, Department of comments received, go to http://
other notice that reflected the error, Homeland Security. www.regulations.gov.
whichever is earlier. If it is discovered FOR FURTHER INFORMATION CONTACT: For
ACTION: Notice of proposed rulemaking.
after that time, the Board or TSP record general questions, please contact: John
keeper may use its sound discretion in SUMMARY: The Department of Homeland Connors (202) 344–1610, CBP Privacy
deciding whether to pay breakage, but, Security is giving concurrent notice for Officer, Office of the Commissioner,
in any event, must act promptly in the newly established ‘‘Department of U.S. Customs and Border Protection,
doing so. Homeland Security/CBP–001, Import Washington, DC 20229. For privacy
(c) * * * Information System, System of Records’’ questions, please contact: Karen L.
(1) * * * and this proposed rulemaking. In Neuman, (202) 343–1717, Chief Privacy
(2) For errors involving an investment accordance with the Privacy Act of Officer, Privacy Office, Department of
in the wrong fund of which a 1974, the Department of Homeland Homeland Security, Washington, DC
participant or beneficiary has Security concurrently proposes to 20528–0655.
knowledge, he or she may file a claim consolidate, update, and rename two SUPPLEMENTARY INFORMATION:
for breakage with the Board or TSP current Department of Homeland
record keeper no later than 30 days after Security systems of records titled, I. Background
the TSP provides the participant with a ‘‘Department of Homeland Security/U.S. In accordance with the Privacy Act of
transaction confirmation or other notice Customs and Border Protection, DHS/ 1974, 5 U.S.C. 552a, the Department of
reflecting the error, or makes available CBP–001 Automated Commercial Homeland Security (DHS), U.S. Customs
on its Web site a participant statement Environment/International Trade Data and Border Protection (CBP) proposes to
reflecting the error, whichever is earlier. System System of Records’’ and consolidate, update, and rename as one
The Board or TSP record keeper must ‘‘Department of Homeland Security/U.S. system of records notice (SORN) the
promptly pay breakage for such errors. Customs and Border Protection, DHS/ information currently contained in two
(3) If a participant or beneficiary fails CBP–015 Automated Commercial DHS SORNs titled, ‘‘DHS/CBP–001
to file a claim for breakage concerning System System of Records’’ as one new Automated Commercial Environment/
an error involving an investment in the system of records. The consolidated International Trade Data System (ACE/
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wrong fund in a timely manner, the system of records notice will be titled, ITDS) System of Records’’ (71 FR 3109,
Board or TSP record keeper may ‘‘Department of Homeland Security/U.S. January 19, 2006) and ‘‘DHS/CBP–015
nevertheless, in its sound discretion, Customs and Border Protection, DHS/ Automated Commercial System (ACS)
pay breakage for any such error that is CBP–001 Import Information System System of Records’’ (73 FR 77759,
brought to its attention. System of Records.’’ This system of December 19, 2008) . This new SORN,
* * * * * records will continue to collect and entitled ‘‘DHS/CBP–001 Import
■ 7. Amend § 1605.31 by revising maintain records on all commercial Information System (IIS),’’ will inform
paragraph (d) to read as follows: goods imported into the United States, the public about changes to the

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Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules 49177

records’’ is a group of any records under investigatory and law enforcement circumstances and where it would not appear
the control of an agency from which activities. Specifically, the exemptions to interfere with or adversely affect the law
information is retrieved by the name of are required to: Preclude subjects of enforcement purposes of the systems from
the individual or by some identifying investigations from frustrating the which the information is recompiled or in
which it is contained. Exemptions from the
number, symbol, or other identifying investigative process; avoid disclosure above particular subsections are justified, on
particular assigned to the individual. In of investigative techniques; protect the a case-by-case basis to be determined at the
the Privacy Act, an individual is defined identities and physical safety of time a request is made, when information in
to encompass U.S. citizens and lawful confidential informants and of law this system of records is may impede a law
permanent residents. As a matter of enforcement personnel; ensure DHS’s enforcement, intelligence activities and
policy, DHS extends administrative and other federal agencies’ ability to national security investigation:
Privacy Act protections to all obtain information from third parties (a) From subsection (c)(3) (Accounting for
individuals where systems of records and other sources; protect the privacy of Disclosure) because making available to a
maintain information on U.S. citizens, third parties; and safeguard sensitive record subject the accounting of disclosures
lawful permanent residents, and non- from records concerning him or her would
information. specifically reveal any investigative interest
immigrant aliens. Nonetheless, DHS will examine each in the individual. Revealing this information
The Privacy Act allows government request on a case-by-case basis, and, could reasonably be expected to compromise
agencies to exempt certain records from after conferring with the appropriate ongoing efforts to investigate a violation of
the access and amendment provisions. If component or agency, may waive U.S. law, including investigations of a known
an agency claims an exemption, applicable exemptions in appropriate or suspected terrorist, by notifying the record
however, it must issue a Notice of circumstances and where it would not subject that he or she is under investigation.
Proposed Rulemaking to make clear to appear to interfere with or adversely This information could also permit the
the public the reasons why a particular affect the law enforcement or national record subject to take measures to impede the
exemption is claimed. investigation, e.g., destroy evidence,
security investigation.
DHS is claiming exemptions from intimidate potential witnesses, or flee the
Again, DHS will not assert any area to avoid or impede the investigation.
certain requirements of the Privacy Act exemption with respect to information (b) From subsection (e)(8) (Notice on
for DHS/CBP–001 Import Information maintained in the system that is Individuals) because to require individual
System System of Records. collected from a person and submitted notice of disclosure of information due to
No exemption shall be asserted with by that person’s air or vessel carrier, if compulsory legal process would pose an
respect to information maintained in the that person, or his or her agent, seeks impossible administrative burden on DHS
system as it relates to data submitted by access or amendment of such and other agencies and could alert the
or on behalf of a person who travels to information. subjects of counterterrorism or law
visit the United States, nor shall an enforcement investigations to the fact of
exemption be asserted with respect to List of Subjects in 6 CFR Part 5 those investigations when not previously
the resulting determination (authorized known.
Freedom of information, Privacy.
to travel, not authorized to travel, (c) From subsection (g)(1) (Civil Remedies)
For the reasons stated in the to the extent that the system is exempt from
pending).
preamble, DHS proposes to amend other specific subsections of the Privacy Act.
Some information in DHS/CBP–001
Chapter I of Title 6, Code of Federal Dated: July 31, 2015.
Import Information System System of
Records relates to official DHS national Regulations, as follows: Karen L. Neuman,
security, law enforcement or PART 5—DISCLOSURE OF RECORDS Chief Privacy Officer, Department of
intelligence activities. This system may Homeland Security.
AND INFORMATION
contain records or information [FR Doc. 2015–19726 Filed 8–14–15; 8:45 am]
pertaining to the accounting of ■ 1. The authority citation for Part 5 BILLING CODE 9111–14–P
disclosures made from IIS to other law continues to read as follows:
enforcement or intelligence agencies
Authority: Pub. L. 107–296, 116 Stat.
(Federal, State, local, foreign, 2135, 6 U.S.C. 101 et seq.; 5 U.S.C. 301. NUCLEAR REGULATORY COMMISION
international, or tribal) in accordance Subpart A also issued under 5 U.S.C. 552.
with the published routine uses. For the 10 CFR Chapter I
accounting of these disclosures only, in ■ 2. At the end of Appendix C to Part
accordance with 5 U.S.C. 552a(j)(2) and 5, add paragraph ‘‘74’’ to read as [NRC–2015–0176]
(k)(2), DHS will claim the original follows:
Abnormal Occurrence Reports
exemptions for these records or Appendix C to Part 5—DHS Systems of
information from subsection (c)(3), Records Exempt From the Privacy Act. AGENCY: Nuclear Regulatory
(e)(8), and (g) of the Privacy Act of 1974, Commission.
* * * * *
as amended, as necessary and 74. DHS/CBP–001, Import Information ACTION: Proposed revision to policy
appropriate to protect such information. System (IIS). A portion of the following statement; request for comments.
Moreover, DHS will add this exemption system of records is exempt from 5 U.S.C.
to Appendix C to 6 CFR part 5, DHS 552a(c)(3), (e)(8), and (g)(1) pursuant to 5 SUMMARY: The U.S. Nuclear Regulatory
Systems of Records Exempt from the U.S.C. 552a(j)(2), and from 5 U.S.C. Commission (NRC) is proposing
Privacy Act. Such exempt records or 552a(c)(3) pursuant to 5 U.S.C. 552a(k)(2). revisions to its policy statement on
information may be law enforcement or Further, no exemption shall be asserted with reporting abnormal occurrences (AO) to
mstockstill on DSK4VPTVN1PROD with PROPOSALS

national security investigation records, respect to information maintained in the Congress. The proposed revisions would
law enforcement activity and encounter system as it relates to data submitted by or clarify and restructure the criteria used
on behalf of a person who travels to visit the by the NRC and Agreement States for
records, or terrorist screening records. United States and crosses the border, nor
DHS needs these exemptions in order shall an exemption be asserted with respect
determining whether to consider an
to protect information relating to law to the resulting determination (approval or incident or event as an AO. The
enforcement investigations from denial). After conferring with the appropriate proposed revisions to the policy
disclosure to subjects of investigations component or agency, DHS may waive statement would ensure consistency
and others who could interfere with applicable exemptions in appropriate with current NRC guidance and

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Document Created: 2015-12-15 11:07:22
Document Modified: 2015-12-15 11:07:22

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments must be received on or before September 16, 2015.
Contact		For general questions, please contact: John Connors (202) 344-1610, CBP Privacy Officer, Office of the Commissioner, U.S. Customs and Border Protection, Washington, DC 20229. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.
FR Citation		80 FR 49175
CFR Associated		Freedom of Information and Privacy

80 FR 49175 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security DHS/CBP-001, Import Information System, System of Records, System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 80, Issue 158 (August 17, 2015)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary