81 FR 14369 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-001 Import Information System, System of Records
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary Federal Register Volume 81, Issue 52 (March 17, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 52 (March 17, 2016)
| Page Range | 14369-14369 | |
| FR Document | 2016-05962 |
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)] [Rules and Regulations] [Page 14369] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05962] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations [[Page 14369]] DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2016-0020] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-001 Import Information System, System of Records AGENCY: Privacy Office, Department of Homeland Security. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS) is issuing a final rule to amend its regulations to exempt portions of newly established system of records titled, ``Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP-001, Import Information System [IIS] System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the DHS/CBP-001 IIS system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. DATES: This final rule is effective March 17, 2016. FOR FURTHER INFORMATION CONTACT: For general questions, please contact: John Connors, (202) 344-1610, CBP Privacy Officer, Privacy and Diversity Office, 1300 Pennsylvania Ave. NW., 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. SUPPLEMENTARY INFORMATION: Background The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking in the Federal Register, 80 FR 49175, August 17, 2015, proposing to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. DHS issued the ``Department of Homeland Security, U.S. Customs and Border Protection, DHS/CBP-001, Import Information System, System of Records'' in the Federal Register at 80 FR 49256 on August 17, 2015, to provide notice to the public that DHS/CBP was consolidating, updating, and renaming as one SORN the information previously contained in two DHS SORNs titled, ``Privacy Act of 1974; Systems of Records [Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP-001 Automated Commercial Environment/ International Trade Data System (ACE/ITDS) System of Records]'' (71 FR 3109, January 19, 2006) and ``Privacy Act of 1974; U.S. Customs and Border Protection--015 Automated Commercial System, [ACS] System of Records'' (73 FR 77759, December 19, 2008). DHS/CBP invited comments on both the Notice of Proposed Rulemaking (NPRM) and System of Records Notice (SORN). Public Comments DHS received no comments on the NPRM for the DHS/CBP-001 IIS System of Records and will implement the rulemaking as proposed. List of Subjects in 6 CFR Part 5 Freedom of information, Privacy. For the reasons stated in the preamble, DHS amends chapter I of title 6, Code of Federal Regulations, as follows: PART 5--DISCLOSURE OF RECORDS AND INFORMATION 0 1. The authority citation for part 5 continues to read as follows: Authority: 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. In appendix C to part 5, revise paragraph 26 to read as follows: Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy Act * * * * * 26. 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: March 2, 2016. Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2016-05962 Filed 3-16-16; 8:45 am] BILLING CODE 9111-14-P
![14369
Rules and Regulations Federal Register
Vol. 81, No. 52
Thursday, March 17, 2016
This section of the FEDERAL REGISTER Background Appendix C to Part 5—DHS Systems of
contains regulatory documents having general Records Exempt From the Privacy Act
The Department of Homeland
applicability and legal effect, most of which
are keyed to and codified in the Code of Security (DHS) U.S. Customs and * * * * *
Federal Regulations, which is published under Border Protection (CBP) published a 26. DHS/CBP–001, Import Information
50 titles pursuant to 44 U.S.C. 1510. notice of proposed rulemaking in the System (IIS). A portion of the following
Federal Register, 80 FR 49175, August system of records is exempt from 5 U.S.C.
The Code of Federal Regulations is sold by 17, 2015, proposing to exempt portions 552a(c)(3), (e)(8), and (g)(1) pursuant to 5
the Superintendent of Documents. Prices of of the system of records from one or U.S.C. 552a(j)(2), and from 5 U.S.C.
new books are listed in the first FEDERAL 552a(c)(3) pursuant to 5 U.S.C. 552a(k)(2).
more provisions of the Privacy Act Further, no exemption shall be asserted with
REGISTER issue of each week.
because of criminal, civil, and respect to information maintained in the
administrative enforcement system as it relates to data submitted by or
requirements. DHS issued the on behalf of a person who travels to visit the
DEPARTMENT OF HOMELAND
‘‘Department of Homeland Security, United States and crosses the border, nor
SECURITY
U.S. Customs and Border Protection, shall an exemption be asserted with respect
Office of the Secretary DHS/CBP–001, Import Information to the resulting determination (approval or
System, System of Records’’ in the denial). After conferring with the appropriate
Federal Register at 80 FR 49256 on component or agency, DHS may waive
6 CFR Part 5 applicable exemptions in appropriate
August 17, 2015, to provide notice to
circumstances and where it would not appear
the public that DHS/CBP was
[Docket No. DHS–2016–0020] to interfere with or adversely affect the law
consolidating, updating, and renaming enforcement purposes of the systems from
Privacy Act of 1974: Implementation of as one SORN the information previously which the information is recompiled or in
Exemptions; Department of Homeland contained in two DHS SORNs titled, which it is contained. Exemptions from the
Security/U.S. Customs and Border ‘‘Privacy Act of 1974; Systems of above particular subsections are justified, on
Protection-001 Import Information Records [Department of Homeland a case-by-case basis to be determined at the
System, System of Records Security/U.S. Customs and Border time a request is made, when information in
Protection, DHS/CBP–001 Automated this system of records is may impede a law
AGENCY: Privacy Office, Department of Commercial Environment/International enforcement, intelligence activities and
Trade Data System (ACE/ITDS) System national security investigation:
Homeland Security.
(a) From subsection (c)(3) (Accounting for
ACTION: Final rule.
of Records]’’ (71 FR 3109, January 19,
Disclosure) because making available to a
2006) and ‘‘Privacy Act of 1974; U.S. record subject the accounting of disclosures
SUMMARY: The Department of Homeland Customs and Border Protection—015 from records concerning him or her would
Security (DHS) is issuing a final rule to Automated Commercial System, [ACS] specifically reveal any investigative interest
amend its regulations to exempt System of Records’’ (73 FR 77759, in the individual. Revealing this information
portions of newly established system of December 19, 2008). DHS/CBP invited could reasonably be expected to compromise
records titled, ‘‘Department of comments on both the Notice of ongoing efforts to investigate a violation of
Proposed Rulemaking (NPRM) and U.S. law, including investigations of a known
Homeland Security/U.S. Customs and
System of Records Notice (SORN). or suspected terrorist, by notifying the record
Border Protection, DHS/CBP–001, subject that he or she is under investigation.
Import Information System [IIS] System Public Comments This information could also permit the
of Records’’ from certain provisions of record subject to take measures to impede the
the Privacy Act. Specifically, the DHS received no comments on the
investigation, e.g., destroy evidence,
Department exempts portions of the NPRM for the DHS/CBP–001 IIS System intimidate potential witnesses, or flee the
DHS/CBP–001 IIS system of records of Records and will implement the area to avoid or impede the investigation.
from one or more provisions of the rulemaking as proposed. (b) From subsection (e)(8) (Notice on
Privacy Act because of criminal, civil, List of Subjects in 6 CFR Part 5 Individuals) because to require individual
notice of disclosure of information due to
and administrative enforcement Freedom of information, Privacy. compulsory legal process would pose an
requirements. impossible administrative burden on DHS
For the reasons stated in the
DATES: This final rule is effective March preamble, DHS amends chapter I of title and other agencies and could alert the
17, 2016. 6, Code of Federal Regulations, as subjects of counterterrorism or law
enforcement investigations to the fact of
FOR FURTHER INFORMATION CONTACT: For follows:
those investigations when not previously
general questions, please contact: John PART 5—DISCLOSURE OF RECORDS known.
Connors, (202) 344–1610, CBP Privacy (c) From subsection (g)(1) (Civil Remedies)
AND INFORMATION to the extent that the system is exempt from
Officer, Privacy and Diversity Office,
1300 Pennsylvania Ave. NW., other specific subsections of the Privacy Act.
asabaliauskas on DSK3SPTVN1PROD with RULES
■ 1. The authority citation for part 5
Washington, DC 20229. For privacy continues to read as follows: * * * * *
questions, please contact: Karen L. Dated: March 2, 2016.
Authority: Pub. L. 107–296, 116 Stat.
Neuman, (202) 343–1717, Chief Privacy 2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301. Karen L. Neuman,
Officer, Privacy Office, Department of Subpart A also issued under 5 U.S.C. 552. Chief Privacy Officer, Department of
Homeland Security, Washington, DC Subpart B also issued under 5 U.S.C. 552a. Homeland Security.
20528.
■ 2. In appendix C to part 5, revise [FR Doc. 2016–05962 Filed 3–16–16; 8:45 am]
SUPPLEMENTARY INFORMATION: paragraph 26 to read as follows: BILLING CODE 9111–14–P
VerDate Sep<11>2014 15:58 Mar 16, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 9990 E:\FR\FM\17MRR1.SGM 17MRR1](https://thefederalregister.org/doc/81_FR_14421/page/1.svg)
Document Created: 2016-03-17 00:58:21
Document Modified: 2016-03-17 00:58:21
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective March 17, 2016. | |
| Contact | For general questions, please contact: John Connors, (202) 344-1610, CBP Privacy Officer, Privacy and Diversity Office, 1300 Pennsylvania Ave. NW., 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. | |
| FR Citation | 81 FR 14369 | |
| CFR Associated | Freedom of Information and Privacy |
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