81_FR_36542 81 FR 36433 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-014 Regulatory Audit Archive System (RAAS) System of Records

81 FR 36433 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-014 Regulatory Audit Archive System (RAAS) System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 109 (June 7, 2016)

Page Range36433-36433
FR Document2016-13311

The Department of Homeland Security (DHS) is issuing a final rule to extend the exemptions from certain provisions of the Privacy Act to the updated and reissued system of records titled, ``DHS/CBP-014 Regulatory Audit Archive System (RAAS) System of Records.'' Specifically, the Department exempts portions of the ``DHS/CBP-014 Regulatory Audit Archive System (RAAS) System of Records'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

Federal Register, Volume 81 Issue 109 (Tuesday, June 7, 2016) 
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Page 36433]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13311]



========================================================================
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. 109 / Tuesday, June 7, 2016 / Rules 
and Regulations

[[Page 36433]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2016-0035]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/U.S. Customs and Border Protection-014 Regulatory 
Audit Archive System (RAAS) 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 extend the exemptions from certain provisions of the Privacy 
Act to the updated and reissued system of records titled, ``DHS/CBP-014 
Regulatory Audit Archive System (RAAS) System of Records.'' 
Specifically, the Department exempts portions of the ``DHS/CBP-014 
Regulatory Audit Archive System (RAAS) 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 June 7, 2016.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
John Connors, (202) 344-1610, Privacy Officer, U.S. Customs and Border 
Protection, Privacy and Diversity Office, 1300 Pennsylvania Avenue 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:

I. Background

    The Department of Homeland Security (DHS) U.S. Customs and Border 
Protection (CBP) published a notice of proposed rulemaking in the 
Federal Register, 81 FR 19932, April 6, 2016, 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 reissued the DHS/CBP-014 Regulatory Audit Archive 
System (RAAS) System of Records in the Federal Register on April 6, 
2016 (81 FR 19985), to provide notice to the public that DHS/CBP was 
updating the categories of records to include the capture of Employer 
Identification Numbers (EINs) or Social Security numbers (SSNs), also 
known as a Federal Taxpayer Identifying Number, pursuant to 19 CFR 
24.5, 19 CFR 149.3, and E.O. 9397, as amended by E.O. 13748. This final 
rule exempts portions of the new categories of records pursuant to 5 
U.S.C. 552a(k)(2).

II. Public Comments

    DHS received no comments on the NPRM 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 the introductory text of paragraph 
25, and paragraph 25(a), to read as follows:

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

* * * * *
    25. The Department of Homeland Security (DHS)/U.S. Customs and 
Border Protection-014 Regulatory Audit Archive System (RAAS) System 
of Records consists of electronic and paper records and will be used 
by DHS and its Components. The DHS/CBP-014 RAAS System of Records is 
a repository of information held by DHS in connection with its 
several and varied missions and functions, including, but not 
limited to: the enforcement of civil and criminal laws; 
investigations; inquiries; and proceedings there under. The DHS/CBP-
014 RAAS System of Records contains information that is collected 
by, on behalf of, in support of, or in cooperation with DHS and its 
Components and may contain personally identifiable information 
collected by other Federal, State, local, tribal, foreign, or 
international government agencies. The Secretary of Homeland 
Security, pursuant to 5 U.S.C. 552a(k)(2), has exempted this system 
from the following provisions of the Privacy Act: 5 U.S.C. 
552a(c)(3). Exemptions from these particular subsections are 
justified, on a case-by-case basis to be determined at the time a 
request is made, for the following reasons:
    (a) From subsection (c)(3) (Accounting for Disclosures) because 
release of the accounting of disclosures could alert the subject of 
an investigation of an actual or potential criminal, civil, or 
regulatory violation to the existence of that investigation and 
reveal investigative interest on the part of DHS as well as the 
recipient agency. Disclosure of the accounting would therefore 
present a serious impediment to law enforcement efforts and/or 
efforts to preserve national security. Disclosure of the accounting 
would also permit the individual who is the subject of a record to 
impede the investigation, to tamper with witnesses or evidence, and 
to avoid detection or apprehension, which would undermine the entire 
investigative process.
* * * * *

    Dated: May 23, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-13311 Filed 6-6-16; 8:45 am]
 BILLING CODE 9111-14-P

36433 Rules and Regulations Federal Register Vol. 81, No. 109 Tuesday, June 7, 2016 This section of the FEDERAL REGISTER I. Background with its several and varied missions and contains regulatory documents having general functions, including, but not limited to: the The Department of Homeland enforcement of civil and criminal laws; applicability and legal effect, most of which are keyed to and codified in the Code of Security (DHS) U.S. Customs and investigations; inquiries; and proceedings Federal Regulations, which is published under Border Protection (CBP) published a there under. The DHS/CBP–014 RAAS 50 titles pursuant to 44 U.S.C. 1510. notice of proposed rulemaking in the System of Records contains information that Federal Register, 81 FR 19932, April 6, is collected by, on behalf of, in support of, The Code of Federal Regulations is sold by 2016, proposing to exempt portions of or in cooperation with DHS and its the Superintendent of Documents. Prices of the system of records from one or more Components and may contain personally new books are listed in the first FEDERAL identifiable information collected by other provisions of the Privacy Act because of Federal, State, local, tribal, foreign, or REGISTER issue of each week. criminal, civil, and administrative international government agencies. The enforcement requirements. DHS Secretary of Homeland Security, pursuant to reissued the DHS/CBP–014 Regulatory 5 U.S.C. 552a(k)(2), has exempted this system DEPARTMENT OF HOMELAND from the following provisions of the Privacy Audit Archive System (RAAS) System SECURITY Act: 5 U.S.C. 552a(c)(3). Exemptions from of Records in the Federal Register on April 6, 2016 (81 FR 19985), to provide these particular subsections are justified, on Office of the Secretary a case-by-case basis to be determined at the notice to the public that DHS/CBP was time a request is made, for the following 6 CFR Part 5 updating the categories of records to reasons: include the capture of Employer (a) From subsection (c)(3) (Accounting for [Docket No. DHS–2016–0035] Identification Numbers (EINs) or Social Disclosures) because release of the Security numbers (SSNs), also known as accounting of disclosures could alert the Privacy Act of 1974: Implementation of a Federal Taxpayer Identifying Number, subject of an investigation of an actual or Exemptions; Department of Homeland pursuant to 19 CFR 24.5, 19 CFR 149.3, potential criminal, civil, or regulatory and E.O. 9397, as amended by E.O. violation to the existence of that investigation Security/U.S. Customs and Border and reveal investigative interest on the part Protection–014 Regulatory Audit 13748. This final rule exempts portions of DHS as well as the recipient agency. Archive System (RAAS) System of of the new categories of records Disclosure of the accounting would therefore Records pursuant to 5 U.S.C. 552a(k)(2). present a serious impediment to law II. Public Comments enforcement efforts and/or efforts to preserve AGENCY: Privacy Office, Department of national security. Disclosure of the Homeland Security. DHS received no comments on the accounting would also permit the individual ACTION: Final rule. NPRM and will implement the who is the subject of a record to impede the rulemaking as proposed. investigation, to tamper with witnesses or SUMMARY: The Department of Homeland evidence, and to avoid detection or Security (DHS) is issuing a final rule to List of Subjects in 6 CFR Part 5 apprehension, which would undermine the extend the exemptions from certain Freedom of information; Privacy. entire investigative process. provisions of the Privacy Act to the For the reasons stated in the * * * * * updated and reissued system of records preamble, DHS amends Chapter I of Dated: May 23, 2016. titled, ‘‘DHS/CBP–014 Regulatory Audit Title 6, Code of Federal Regulations, as Karen L. Neuman, Archive System (RAAS) System of follows: Chief Privacy Officer, Department of Records.’’ Specifically, the Department Homeland Security. exempts portions of the ‘‘DHS/CBP–014 PART 5—DISCLOSURE OF RECORDS [FR Doc. 2016–13311 Filed 6–6–16; 8:45 am] Regulatory Audit Archive System AND INFORMATION BILLING CODE 9111–14–P (RAAS) System of Records’’ from one or more provisions of the Privacy Act ■ 1. The authority citation for part 5 because of criminal, civil, and continues to read as follows: DEPARTMENT OF TRANSPORTATION administrative enforcement Authority: Pub. L. 107–296, 116 Stat. requirements. 2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301. Federal Aviation Administration Subpart A also issued under 5 U.S.C. 552. DATES: This final rule is effective June Subpart B also issued under 5 U.S.C. 552a. 7, 2016. 14 CFR Part 39 ■ 2. In appendix C to part 5, revise the FOR FURTHER INFORMATION CONTACT: For introductory text of paragraph 25, and [Docket No. FAA–2015–2958; Directorate general questions, please contact: John paragraph 25(a), to read as follows: Identifier 2014–NM–248–AD; Amendment Connors, (202) 344–1610, Privacy 39–18545; AD 2016–11–18] Officer, U.S. Customs and Border Appendix C to Part 5—DHS Systems of RIN 2120–AA64 Protection, Privacy and Diversity Office, Records Exempt From the Privacy Act 1300 Pennsylvania Avenue NW., * * * * * Airworthiness Directives; The Boeing Washington, DC 20229. For privacy jstallworth on DSK7TPTVN1PROD with RULES 25. The Department of Homeland Security Company Airplanes questions, please contact: Karen L. (DHS)/U.S. Customs and Border Protection- Neuman, (202) 343–1717, Chief Privacy 014 Regulatory Audit Archive System AGENCY: Federal Aviation Officer, Privacy Office, Department of (RAAS) System of Records consists of Administration (FAA), DOT. Homeland Security, Washington, DC electronic and paper records and will be used ACTION: Final rule. 20528. by DHS and its Components. The DHS/CBP– 014 RAAS System of Records is a repository SUMMARY: We are adopting a new SUPPLEMENTARY INFORMATION: of information held by DHS in connection airworthiness directive (AD) for all The VerDate Sep<11>2014 14:20 Jun 06, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1


Document Created: 2018-02-08 07:31:56
Document Modified: 2018-02-08 07:31:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective June 7, 2016.
ContactFor general questions, please contact: John Connors, (202) 344-1610, Privacy Officer, U.S. Customs and Border Protection, Privacy and Diversity Office, 1300 Pennsylvania Avenue 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 Citation81 FR 36433 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR