80_FR_53189 80 FR 53019 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection-DHS/CBP-020 Export Information System (EIS) System of Records System of Records

80 FR 53019 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection-DHS/CBP-020 Export Information System (EIS) System of Records System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 80, Issue 170 (September 2, 2015)

Page Range53019-53021
FR Document2015-21674

The Department of Homeland Security is giving concurrent notice for the newly established ``Department of Homeland Security/U.S. Customs and Border Protection--DHS/CBP-020, Export Information System, System of Records'' and this proposed rulemaking. This system of records will collect and maintain records on cargo exported from the United States, as well as information pertaining to the filer, transmitter, exporter, U.S. Principal Party in Interest (USPPI), freight forwarder, shipper, consignee, other U.S. authorized agent filing for the USPPI, and individuals related to the specific cargo that is the subject of the export transaction. In accordance with the Privacy Act of 1974 and this proposed rulemaking, the Department of Homeland Security concurrently 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 170 (Wednesday, September 2, 2015)
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Proposed Rules]
[Pages 53019-53021]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21674]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / 
Proposed Rules

[[Page 53019]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2015-0053]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security U.S. Customs and Border Protection--DHS/CBP-020 
Export Information System (EIS) 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/U.S. 
Customs and Border Protection--DHS/CBP-020, Export Information System, 
System of Records'' and this proposed rulemaking. This system of 
records will collect and maintain records on cargo exported from the 
United States, as well as information pertaining to the filer, 
transmitter, exporter, U.S. Principal Party in Interest (USPPI), 
freight forwarder, shipper, consignee, other U.S. authorized agent 
filing for the USPPI, and individuals related to the specific cargo 
that is the subject of the export transaction. In accordance with the 
Privacy Act of 1974 and this proposed rulemaking, the Department of 
Homeland Security concurrently 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 October 2, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0053, 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, U.S. Customs and 
Border Protection, Department of Homeland Security, Washington, DC 
20229. For privacy issues please contact: Karen L. Neuman, (202-343-
1717), Chief Privacy Officer, Privacy Office, Department of Homeland 
Security, Washington, DC 20528.

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 establish a new DHS system of records 
titled, ``DHS/CBP-020 Export Information System (EIS) System of 
Records.'' The system of records is used by DHS/CBP to collect, use, 
and maintain paper and electronic records required to track, control, 
and process cargo exported from the United States. EIS allows CBP to 
enhance national security, enforce U.S. law, and facilitate legitimate 
international trade.
    DHS is issuing this Notice of Proposed Rulemaking to exempt this 
system of records from certain provisions of the Privacy Act. This 
system will be included in DHS's inventory of record systems. Elsewhere 
in the Federal Register, CBP is publishing a system of records notice 
(SORN) for EIS because the exporting community must report export data 
that contains personally identifiable information (PII) to CBP.
    Subsection (a) of Section 343 of the Trade Act of 2002 (19 U.S.C. 
2071) mandates that the Secretary of Homeland Security (formerly the 
Secretary of Treasury) collect cargo information ``through an 
electronic data interchange system,'' prior to the departure of the 
cargo from the United States by any mode of commercial transportation 
(see 19 U.S.C. 2071 note.) Pursuant to statute, CBP promulgated a 
regulation requiring pre-departure filing of electronic information to 
allow CBP to examine the data before cargo leaves the United States 
(see Electronic Information for Outward Cargo Required in Advance of 
Departure (19 CFR 192.14)). CBP required exporters to provide 
electronic cargo information through the Automated Export System (AES) 
to avoid redundancy as specifically mandated by Congress (see Mandatory 
Pre-Departure Filing of Export Cargo Information Through the Automated 
Export System, 73 FR 32466 (June 9, 2008)).
    To comply with the regulation, exporters must file the Electronic 
Export Information (EEI), formerly the Shipper's Export Declaration 
(SED) \1\ when the value of the commodity classified under each 
individual Schedule B number is over $2,500 or if a validated export 
license is required to export the commodity. The exporter is 
responsible for preparing the EEI and the carrier files it with CBP 
through the AES or AES Direct (operated by the U.S. Census Bureau). 
Cargo information collected by CBP includes PII such as a shipper's 
name, address, and Taxpayer Identification Number (TIN). According to 
the U.S. Census Bureau, in a standard export transaction, it is the 
U.S. Principal Party In Interest's (USPPI) responsibility to prepare 
the EEI. However, the USPPI can give the freight forwarder a power of 
attorney (POA) or written statement (WA) authorizing them to prepare 
and file the EEI on their behalf. In a routed export transaction, 
however, the Foreign Principal Party in Interest (FPPI) must provide a 
POA or WA to prepare the EEI to either the USPPI or a U.S. Authorized 
Agent.
---------------------------------------------------------------------------

    \1\ 13 U.S.C. 301 (The Census Bureau root authority to collect 
the SED, now EEI); pursuant to section 303, CBP (then U.S. Customs 
Service, Dept. of Treasury) is required to develop an automated 
system for collecting this export data. Through title 13, the Census 
Bureau holds stewardship of export data. Under the Trade Act of 2002 
(19 U.S.C. 2071 note), CBP is required to collect an export manifest 
containing a declaration identifying the parties to the transaction, 
a physical description of the commodity, its quantity, mode of 
conveyance, and ports of origin and destination. Through title 19, 
CBP, similarly, holds stewardship of export data.

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

[[Page 53020]]

    The Internal Transaction Number (ITN) or exemption citation must be 
provided by the EEI filer to the carrier when the goods are presented 
for export. The carrier is responsible for providing the ITN or 
exemption citation to CBP. CBP Officers will verify that the ITN or 
exemption citations clearly stated on export documents and provided to 
the carrier(s) within the prescribed timeframes. The procedures for 
filing vary by cargo type (vessel, truck, air, or rail). The timeframes 
for filing varies according to the method of transportation for pre-
departure filing (State Department United States Munitions List (USML) 
shipments, and non-USML shipments).
    DHS/CBP is publishing this system of records notice to provide 
notice of the records maintained by CBP concerning individuals who 
participate in exporting goods from the United States. CBP previously 
published a Privacy Impact Assessment (PIA) for EIS last year.\2\
---------------------------------------------------------------------------

    \2\ http://www.dhs.gov/publication/export-information-system-eis.
---------------------------------------------------------------------------

    Consistent with DHS's information-sharing mission, information 
stored in the DHS/CBP-020 EIS System of Records may be shared with 
other DHS components that have a need to know the information to carry 
out their national security, law enforcement, immigration, 
intelligence, or other homeland security functions. In addition, 
information may be shared with appropriate federal, state, local, 
tribal, territorial, foreign, or international government agencies or 
other parties consistent with the routine uses set forth in this SORN. 
In particular, information may be shared with the Department of 
Commerce, Bureau of Industry and Science, and the Department of State, 
Office of Defense Trade Controls, relating to compliance and 
enforcement of licenses issued by these respective agencies concerning 
the controlled nature or sensitive technology present in the exported 
commodities (e.g., certain central processing unit designs, weapons 
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 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 
persons 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-020 Export 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 from 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-020 EIS System of Records relates to 
official DHS national security, law enforcement, and intelligence 
activities. These exemptions are needed to protect information relating 
to DHS activities from disclosure to subjects or others related to 
these activities. Specifically, the exemptions are required for 
information pertaining to the accounting of disclosures made from this 
system to other law enforcement or intelligence agencies (federal, 
state, local, foreign, international, or tribal) in accordance with the 
published routine uses or statutory basis for disclosure pursuant to 5 
U.S.C. 552a(b). The exemptions will preclude subjects from frustrating 
official national security, law enforcement, or intelligence processes. 
Disclosure of information to the subject of the inquiry could also 
permit the subject to avoid detection or apprehension.
    In appropriate circumstances, where compliance would not appear to 
interfere with or adversely affect the law enforcement purposes of this 
system and the overall law enforcement process, the applicable 
exemptions may be waived on a case by case basis.
    A notice of system of records for DHS/CBP-020 EIS System of Records 
is also published in this issue of the Federal Register.

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. 
Subpart B also issued under 5 U.S.C. 552a.

0
2. Add, at the end of appendix C to part 5, paragraph 74 to read as 
follows:

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

* * * * *
    74. DHS/CBP-020 Export Information System (EIS). 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 from 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 Disclosures) 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

[[Page 53021]]

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: August 19, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2015-21674 Filed 9-1-15; 8:45 am]
BILLING CODE 9111-14-P



                                                                                                                                                                                                               53019

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 80, No. 170

                                                                                                                                                                    Wednesday, September 2, 2015



                                                      This section of the FEDERAL REGISTER                      • Fax: 202–343–4010.                                information ‘‘through an electronic data
                                                      contains notices to the public of the proposed            • Mail: Karen L. Neuman, Chief                      interchange system,’’ prior to the
                                                      issuance of rules and regulations. The                  Privacy Officer, Privacy Office,                      departure of the cargo from the United
                                                      purpose of these notices is to give interested          Department of Homeland Security,                      States by any mode of commercial
                                                      persons an opportunity to participate in the            Washington, DC 20528.                                 transportation (see 19 U.S.C. 2071 note.)
                                                      rule making prior to the adoption of the final            Instructions: All submissions received
                                                      rules.
                                                                                                                                                                    Pursuant to statute, CBP promulgated a
                                                                                                              must include the agency name and                      regulation requiring pre-departure filing
                                                                                                              docket number for this notice. All                    of electronic information to allow CBP
                                                      DEPARTMENT OF HOMELAND                                  comments received will be posted                      to examine the data before cargo leaves
                                                      SECURITY                                                without change to http://                             the United States (see Electronic
                                                                                                              www.regulations.gov, including any                    Information for Outward Cargo
                                                      Office of the Secretary                                 personal information provided.                        Required in Advance of Departure (19
                                                                                                                Docket: For access to the docket to                 CFR 192.14)). CBP required exporters to
                                                      6 CFR Part 5                                            read background documents or                          provide electronic cargo information
                                                                                                              comments received, go to http://                      through the Automated Export System
                                                      [Docket No. DHS–2015–0053]                              www.regulations.gov.                                  (AES) to avoid redundancy as
                                                      Privacy Act of 1974: Implementation of                  FOR FURTHER INFORMATION CONTACT: For                  specifically mandated by Congress (see
                                                      Exemptions; Department of Homeland                      general questions please contact: John                Mandatory Pre-Departure Filing of
                                                      Security U.S. Customs and Border                        Connors (202–344–1610), CBP Privacy                   Export Cargo Information Through the
                                                      Protection—DHS/CBP–020 Export                           Officer, U.S. Customs and Border                      Automated Export System, 73 FR 32466
                                                      Information System (EIS) System of                      Protection, Department of Homeland                    (June 9, 2008)).
                                                      Records System of Records                               Security, Washington, DC 20229. For                      To comply with the regulation,
                                                                                                              privacy issues please contact: Karen L.               exporters must file the Electronic Export
                                                      AGENCY: Privacy Office, Department of                   Neuman, (202–343–1717), Chief Privacy                 Information (EEI), formerly the
                                                      Homeland Security.                                      Officer, Privacy Office, Department of                Shipper’s Export Declaration (SED) 1
                                                      ACTION: Notice of proposed rulemaking.                  Homeland Security, Washington, DC                     when the value of the commodity
                                                                                                              20528.                                                classified under each individual
                                                      SUMMARY:   The Department of Homeland
                                                      Security is giving concurrent notice for                SUPPLEMENTARY INFORMATION:                            Schedule B number is over $2,500 or if
                                                      the newly established ‘‘Department of                                                                         a validated export license is required to
                                                                                                              I. Background
                                                      Homeland Security/U.S. Customs and                                                                            export the commodity. The exporter is
                                                                                                                 In accordance with the Privacy Act of              responsible for preparing the EEI and
                                                      Border Protection—DHS/CBP–020,
                                                                                                              1974, 5 U.S.C. 552a, the Department of                the carrier files it with CBP through the
                                                      Export Information System, System of
                                                                                                              Homeland Security (DHS), U.S. Customs                 AES or AES Direct (operated by the U.S.
                                                      Records’’ and this proposed rulemaking.
                                                                                                              and Border Protection (CBP) proposes to               Census Bureau). Cargo information
                                                      This system of records will collect and
                                                                                                              establish a new DHS system of records                 collected by CBP includes PII such as a
                                                      maintain records on cargo exported
                                                                                                              titled, ‘‘DHS/CBP–020 Export                          shipper’s name, address, and Taxpayer
                                                      from the United States, as well as
                                                                                                              Information System (EIS) System of                    Identification Number (TIN). According
                                                      information pertaining to the filer,
                                                                                                              Records.’’ The system of records is used              to the U.S. Census Bureau, in a standard
                                                      transmitter, exporter, U.S. Principal
                                                                                                              by DHS/CBP to collect, use, and                       export transaction, it is the U.S.
                                                      Party in Interest (USPPI), freight
                                                                                                              maintain paper and electronic records                 Principal Party In Interest’s (USPPI)
                                                      forwarder, shipper, consignee, other
                                                                                                              required to track, control, and process               responsibility to prepare the EEI.
                                                      U.S. authorized agent filing for the
                                                                                                              cargo exported from the United States.                However, the USPPI can give the freight
                                                      USPPI, and individuals related to the
                                                                                                              EIS allows CBP to enhance national                    forwarder a power of attorney (POA) or
                                                      specific cargo that is the subject of the
                                                                                                              security, enforce U.S. law, and facilitate            written statement (WA) authorizing
                                                      export transaction. In accordance with
                                                                                                              legitimate international trade.                       them to prepare and file the EEI on their
                                                      the Privacy Act of 1974 and this                           DHS is issuing this Notice of
                                                      proposed rulemaking, the Department of                                                                        behalf. In a routed export transaction,
                                                                                                              Proposed Rulemaking to exempt this                    however, the Foreign Principal Party in
                                                      Homeland Security concurrently                          system of records from certain
                                                      proposes to exempt portions of the                                                                            Interest (FPPI) must provide a POA or
                                                                                                              provisions of the Privacy Act. This                   WA to prepare the EEI to either the
                                                      system of records from one or more                      system will be included in DHS’s
                                                      provisions of the Privacy Act because of                                                                      USPPI or a U.S. Authorized Agent.
                                                                                                              inventory of record systems. Elsewhere
                                                      criminal, civil, and administrative                     in the Federal Register, CBP is                         1 13 U.S.C. 301 (The Census Bureau root authority
                                                      enforcement requirements.                               publishing a system of records notice
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                                                    to collect the SED, now EEI); pursuant to section
                                                      DATES: Comments must be received on                     (SORN) for EIS because the exporting                  303, CBP (then U.S. Customs Service, Dept. of
                                                      or before October 2, 2015.                              community must report export data that                Treasury) is required to develop an automated
                                                                                                                                                                    system for collecting this export data. Through title
                                                      ADDRESSES: You may submit comments,                     contains personally identifiable                      13, the Census Bureau holds stewardship of export
                                                      identified by docket number DHS–                        information (PII) to CBP.                             data. Under the Trade Act of 2002 (19 U.S.C. 2071
                                                      2015–0053, by one of the following                         Subsection (a) of Section 343 of the               note), CBP is required to collect an export manifest
                                                      methods:                                                Trade Act of 2002 (19 U.S.C. 2071)                    containing a declaration identifying the parties to
                                                                                                                                                                    the transaction, a physical description of the
                                                         • Federal e-Rulemaking Portal: http://               mandates that the Secretary of                        commodity, its quantity, mode of conveyance, and
                                                      www.regulations.gov. Follow the                         Homeland Security (formerly the                       ports of origin and destination. Through title 19,
                                                      instructions for submitting comments.                   Secretary of Treasury) collect cargo                  CBP, similarly, holds stewardship of export data.



                                                 VerDate Sep<11>2014   18:00 Sep 01, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\02SEP1.SGM   02SEP1


                                                      53020              Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Proposed Rules

                                                         The Internal Transaction Number                      the individual or by some identifying                 List of Subjects in 6 CFR Part 5
                                                      (ITN) or exemption citation must be                     number, symbol, or other identifying                    Freedom of information; Privacy.
                                                      provided by the EEI filer to the carrier                particular assigned to the individual. In
                                                      when the goods are presented for                        the Privacy Act, an individual is defined               For the reasons stated in the
                                                      export. The carrier is responsible for                  to encompass U.S. citizens and lawful                 preamble, DHS proposes to amend
                                                      providing the ITN or exemption citation                 permanent residents. As a matter of                   chapter I of title 6, Code of Federal
                                                      to CBP. CBP Officers will verify that the               policy, DHS extends administrative                    Regulations, as follows:
                                                      ITN or exemption citations clearly                      Privacy Act protections to all persons                PART 5—DISCLOSURE OF RECORDS
                                                      stated on export documents and                          where systems of records maintain                     AND INFORMATION
                                                      provided to the carrier(s) within the                   information on U.S. citizens, lawful
                                                      prescribed timeframes. The procedures                   permanent residents, and non-                         ■ 1. The authority citation for part 5
                                                      for filing vary by cargo type (vessel,                  immigrant aliens.                                     continues to read as follows:
                                                      truck, air, or rail). The timeframes for                  The Privacy Act allows government
                                                      filing varies according to the method of                                                                        Authority: Pub. L. 107–296, 116 Stat.
                                                                                                              agencies to exempt certain records from               2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301.
                                                      transportation for pre-departure filing                 the access and amendment provisions. If               Subpart A also issued under 5 U.S.C. 552.
                                                      (State Department United States                         an agency claims an exemption,                        Subpart B also issued under 5 U.S.C. 552a.
                                                      Munitions List (USML) shipments, and                    however, it must issue a Notice of
                                                      non-USML shipments).                                                                                          ■ 2. Add, at the end of appendix C to
                                                                                                              Proposed Rulemaking to make clear to                  part 5, paragraph 74 to read as follows:
                                                         DHS/CBP is publishing this system of                 the public the reasons why a particular
                                                      records notice to provide notice of the                 exemption is claimed.                                 Appendix C to Part 5—DHS Systems of
                                                      records maintained by CBP concerning                      DHS is claiming exemptions from                     Records Exempt From the Privacy Act.
                                                      individuals who participate in exporting                certain requirements of the Privacy Act
                                                      goods from the United States. CBP                                                                             *        *   *     *     *
                                                                                                              for DHS/CBP–020 Export Information                       74. DHS/CBP–020 Export Information
                                                      previously published a Privacy Impact                   System, System of Records.                            System (EIS). A portion of the following
                                                      Assessment (PIA) for EIS last year.2                      No exemption shall be asserted with                 system of records is exempt from 5 U.S.C.
                                                         Consistent with DHS’s information-                                                                         552a(c)(3), (e)(8), and (g)(1) pursuant to 5
                                                                                                              respect to information maintained in the
                                                      sharing mission, information stored in                                                                        U.S.C. 552a(j)(2), and from 5 U.S.C.
                                                                                                              system as it relates to data submitted by
                                                      the DHS/CBP–020 EIS System of                                                                                 552a(c)(3) pursuant to 5 U.S.C. 552a(k)(2).
                                                                                                              or on behalf of a person who travels
                                                      Records may be shared with other DHS                                                                          Further, no exemption shall be asserted with
                                                                                                              from the United States, nor shall an                  respect to information maintained in the
                                                      components that have a need to know
                                                                                                              exemption be asserted with respect to                 system as it relates to data submitted by or
                                                      the information to carry out their
                                                                                                              the resulting determination (authorized               on behalf of a person who travels from the
                                                      national security, law enforcement,
                                                                                                              to travel, not authorized to travel,                  United States and crosses the border, nor
                                                      immigration, intelligence, or other
                                                                                                              pending).                                             shall an exemption be asserted with respect
                                                      homeland security functions. In                                                                               to the resulting determination (approval or
                                                                                                                Some information in DHS/CBP–020
                                                      addition, information may be shared                                                                           denial). After conferring with the appropriate
                                                                                                              EIS System of Records relates to official
                                                      with appropriate federal, state, local,                                                                       component or agency, DHS may waive
                                                                                                              DHS national security, law enforcement,
                                                      tribal, territorial, foreign, or                                                                              applicable exemptions in appropriate
                                                                                                              and intelligence activities. These
                                                      international government agencies or                                                                          circumstances and where it would not appear
                                                                                                              exemptions are needed to protect                      to interfere with or adversely affect the law
                                                      other parties consistent with the routine
                                                                                                              information relating to DHS activities                enforcement purposes of the systems from
                                                      uses set forth in this SORN. In
                                                                                                              from disclosure to subjects or others                 which the information is recompiled or in
                                                      particular, information may be shared
                                                                                                              related to these activities. Specifically,            which it is contained. Exemptions from the
                                                      with the Department of Commerce,
                                                                                                              the exemptions are required for                       above particular subsections are justified, on
                                                      Bureau of Industry and Science, and the                                                                       a case-by-case basis to be determined at the
                                                                                                              information pertaining to the accounting
                                                      Department of State, Office of Defense                                                                        time a request is made, when information in
                                                                                                              of disclosures made from this system to
                                                      Trade Controls, relating to compliance                                                                        this system of records is may impede a law
                                                                                                              other law enforcement or intelligence
                                                      and enforcement of licenses issued by                                                                         enforcement, intelligence activities and
                                                                                                              agencies (federal, state, local, foreign,
                                                      these respective agencies concerning the                                                                      national security investigation:
                                                                                                              international, or tribal) in accordance                  (a) From subsection (c)(3) (Accounting for
                                                      controlled nature or sensitive
                                                                                                              with the published routine uses or                    Disclosures) because making available to a
                                                      technology present in the exported
                                                                                                              statutory basis for disclosure pursuant               record subject the accounting of disclosures
                                                      commodities (e.g., certain central
                                                                                                              to 5 U.S.C. 552a(b). The exemptions will              from records concerning him or her would
                                                      processing unit designs, weapons
                                                                                                              preclude subjects from frustrating                    specifically reveal any investigative interest
                                                      systems).                                                                                                     in the individual. Revealing this information
                                                                                                              official national security, law
                                                      II. Privacy Act                                         enforcement, or intelligence processes.               could reasonably be expected to compromise
                                                                                                              Disclosure of information to the subject              ongoing efforts to investigate a violation of
                                                         The Privacy Act embodies fair                                                                              U.S. law, including investigations of a known
                                                      information practice principles in a                    of the inquiry could also permit the
                                                                                                                                                                    or suspected terrorist, by notifying the record
                                                      statutory framework governing the                       subject to avoid detection or                         subject that he or she is under investigation.
                                                      means by which Federal Government                       apprehension.                                         This information could also permit the
                                                      agencies collect, maintain, use, and                      In appropriate circumstances, where                 record subject to take measures to impede the
                                                                                                              compliance would not appear to                        investigation, e.g., destroy evidence,
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                                                      disseminate personally identifiable
                                                      information. The Privacy Act applies to                 interfere with or adversely affect the law            intimidate potential witnesses, or flee the
                                                                                                              enforcement purposes of this system                   area to avoid or impede the investigation.
                                                      information that is maintained in a
                                                                                                              and the overall law enforcement                          (b) From subsection (e)(8) (Notice on
                                                      ‘‘system of records.’’ A ‘‘system of                                                                          Individuals) because to require individual
                                                      records’’ is a group of any records under               process, the applicable exemptions may
                                                                                                                                                                    notice of disclosure of information due to
                                                      the control of an agency from which                     be waived on a case by case basis.                    compulsory legal process would pose an
                                                      information is retrieved by the name of                   A notice of system of records for DHS/              impossible administrative burden on DHS
                                                                                                              CBP–020 EIS System of Records is also                 and other agencies and could alert the
                                                        2 http://www.dhs.gov/publication/export-              published in this issue of the Federal                subjects of counterterrorism or law
                                                      information-system-eis.                                 Register.                                             enforcement investigations to the fact of



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                                                                         Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Proposed Rules                                                53021

                                                      those investigations when not previously                during regular business hours and can                 these proposed changes are spinach,
                                                      known.                                                  also be viewed, as submitted, with any                berries, blueberries, red sour cherries for
                                                        (c) From subsection (g)(1) (Civil Remedies)           personal information provided, on the                 manufacture, sweet cherries for canning
                                                      to the extent that the system is exempt from            www.regulations.gov Web site.                         or freezing, cranberries for processing,
                                                      other specific subsections of the Privacy Act.
                                                                                                              FOR FURTHER INFORMATION CONTACT:                      currants, raspberries, growers’ stock
                                                        Dated: August 19, 2015.                                                                                     strawberries for manufacture, and
                                                                                                              Olivia Vernon, Standardization Branch,
                                                      Karen L. Neuman,                                        Specialty Crops Inspection Division, at               washed and sorted strawberries for
                                                      Chief Privacy Officer, Department of                    the address above or by telephone at                  freezing.
                                                      Homeland Security.                                      (540) 361–2743; fax (540) 361–1199; or,                  The nut and specialty crops grade
                                                      [FR Doc. 2015–21674 Filed 9–1–15; 8:45 am]              email olivia.vernon@ams.usda.gov. The                 standards covered by these proposed
                                                      BILLING CODE 9111–14–P                                  current U.S. Standards for Grades are                 changes are: Brazil nuts in the shell, cut
                                                                                                              available on the AMS Web site at                      peonies in the bud, and tomato plants.
                                                                                                              www.ams.usda.gov/scistandardization.                     AMS continually reviews all fruit,
                                                      DEPARTMENT OF AGRICULTURE                               SUPPLEMENTARY INFORMATION: Section                    vegetable, nut and specialty crop grade
                                                                                                              203(c) of the Agricultural Marketing Act              standards to ensure their usefulness to
                                                      Agricultural Marketing Service                          of 1946 (7 U.S.C. 1621–1627), as                      the industry. AMS has identified that
                                                                                                              amended, directs and authorizes the                   the ‘‘Unclassified’’ section needs to be
                                                      7 CFR Part 51                                           Secretary of Agriculture ‘‘to develop and             eliminated from the 46 aforementioned
                                                      [Doc. Number AMS–FV–14–0090, FV–15–                     improve standards of quality, condition,              U.S. Standards for Grade. The
                                                      327]                                                    quantity, grade and packaging, and                    ‘‘Unclassified’’ category is not a grade
                                                                                                              recommend and demonstrate such                        and only serves to show that no grade
                                                      U.S. Standards for Grades of Fresh                      standards in order to encourage                       has been applied to the lot. It is no
                                                      Fruits and Vegetables, Fruits and                       uniformity and consistency in                         longer considered necessary.
                                                      Vegetables for Processing, Nuts, and                    commercial practices.’’ AMS is                           This notice provides for a 60-day
                                                      Specialty Crops                                         committed to carrying out this authority              comment period for interested parties to
                                                                                                              in a manner that facilitates the                      comment on the proposed revisions in
                                                      AGENCY: Agricultural Marketing Service,                 marketing of agricultural commodities                 the standards.
                                                      USDA.                                                   and makes copies of official grade                      Authority: 7 U.S.C. 1621–1627.
                                                      ACTION: Notice.                                         standards available upon request. The
                                                                                                              U.S. Standards for Grades of Fruits and                 Dated: August 28, 2015.
                                                      SUMMARY:    The Agricultural Marketing                  Vegetables not connected with Federal                 Rex A. Barnes,
                                                      Service (AMS) of the U.S. Department of                 Marketing Orders or U.S. import                       Associate Administrator, Agricultural
                                                      Agriculture (USDA) proposes revising                    requirements no longer appear in the                  Marketing Service.
                                                      46 U.S. Standards for Grades of fresh                   Code of Federal Regulations, but are                  [FR Doc. 2015–21836 Filed 9–1–15; 8:45 am]
                                                      fruits and vegetables, fruits and                       maintained by USDA, AMS, Fruit and                    BILLING CODE 3410–02–P
                                                      vegetables for processing, nuts, and                    Vegetable Program, and are available on
                                                      specialty crops by removing the                         the Internet at www.ams.usda.gov/
                                                      ‘‘Unclassified’’ category from each                     scihome.                                              DEPARTMENT OF AGRICULTURE
                                                      standard. This would bring these grade                    AMS is revising these voluntary U.S.
                                                      standards in line with other recently                   standards for grades using the                        Agricultural Research Service
                                                      amended standards and current                           procedures in Part 36, Title 7 of the
                                                      terminology. This revision would                        Code of Federal Regulations (7 CFR part               7 CFR Part 504
                                                      update the standards to more accurately                 36).
                                                      represent today’s marketing practices                                                                         RIN 0518–AA05
                                                      and provide the industry with greater                   Background
                                                                                                                                                                    Changes to Fees and Payment
                                                      flexibility.                                               AMS proposes to eliminate the
                                                                                                                                                                    Methods
                                                                                                              ‘‘Unclassified’’ section in 46 U.S. grade
                                                      DATES:  Comments must be received by
                                                                                                              standards that were issued under the                  AGENCY:  Agricultural Research Service,
                                                      November 2, 2015.
                                                                                                              Agricultural Marketing Act of 1946.                   USDA.
                                                      ADDRESSES: Interested persons are                          The fresh fruit and vegetable grade
                                                      invited to submit written comments to                                                                         ACTION: Proposed rule.
                                                                                                              standards covered by these proposed
                                                      the Standardization Branch, Specialty                   changes are: Sweet anise, lima beans,                 SUMMARY:   This document proposes an
                                                      Crops Inspection Division, Fruit and                    beets, Brussels sprouts, cabbage, celery,             increase in the fees the Agricultural
                                                      Vegetable Program, Agricultural                         cucumbers, endive, garlic, collard                    Research Service’s (ARS) Patent Culture
                                                      Marketing Service, U.S. Department of                   greens or broccoli greens, mustard                    Collection charges, and a revision of the
                                                      Agriculture, National Training and                      greens and turnip greens, honey dew                   method of payment.
                                                      Development Center, Riverside Business                  and honey ball type melons, horseradish               DATES: Submits comments on or before
                                                      Park, 100 Riverside Parkway, Suite 101,                 roots, greenhouse leaf lettuce,
                                                      Fredericksburg, VA 22406; Fax: (540)                                                                          November 2, 2015.
                                                                                                              mushrooms, common green onions,
                                                      361–1199, or on the web at:                             onion sets, parsnips, fresh peas,                     ADDRESSES: See FOR FURTHER
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                                                      www.regulations.gov. The current U.S.                   southern peas, rhubarb, romaine,                      INFORMATION CONTACT section below.
                                                      Grade Standards for the 46 affected                     bunched shallots, spinach plants,                     FOR FURTHER INFORMATION CONTACT:
                                                      commodities are available on the AMS                    summer squash, turnips or rutabagas,                  Jeffrey Kurtz, ARS—Budget and
                                                      Web site at www.ams.usda.gov/                           dewberries and blackberries, American                 Program Management Staff, George
                                                      scistandardization. Comments should                     grapes, juice grapes, Persian limes,                  Washington Carver Center, 5601
                                                      reference the dates and page number of                  summer and fall pears, winter pears,                  Sunnyside Avenue, Room 4–1106,
                                                      this issue of the Federal Register.                     and raspberries.                                      Beltsville, Maryland 20705, telephone:
                                                      Comments will be made available for                        The fresh fruit and vegetable for                  (301) 504–4494, email: jeff.kurtz@
                                                      public inspection in the above office                   processing grade standards covered by                 ars.usda.gov.


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Document Created: 2018-02-26 10:10:46
Document Modified: 2018-02-26 10:10:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments must be received on or before October 2, 2015.
ContactFor general questions please contact: John Connors (202-344-1610), CBP Privacy Officer, U.S. Customs and Border Protection, Department of Homeland Security, Washington, DC 20229. For privacy issues please contact: Karen L. Neuman, (202-343- 1717), Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation80 FR 53019 

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