Rule2021-21138
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection-018 Customs Trade Partnership Against Terrorism System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 6, 2021
Effective
October 6, 2021
Issuing agencies
Homeland Security Department
Abstract
The U.S. Department of Homeland Security (DHS) is issuing a final rule to amend its regulations to exempt portions of a newly updated and reissued system of records titled, "DHS/U.S. Customs and Border Protection-018 Customs Trade Partnership Against Terrorism (CTPAT) System of Records" from certain provisions of the Privacy Act. Specifically, the Department exempts portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Full Text
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<title>Federal Register, Volume 86 Issue 191 (Wednesday, October 6, 2021)</title>
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[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Rules and Regulations]
[Pages 55475-55476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21138]
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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.
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Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 /
Rules and Regulations
[[Page 55475]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2021-USCBP-2021-0036]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Customs and Border Protection-018 Customs Trade
Partnership Against Terrorism System of Records
AGENCY: U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Homeland Security (DHS) is issuing a
final rule to amend its regulations to exempt portions of a newly
updated and reissued system of records titled, ``DHS/U.S. Customs and
Border Protection-018 Customs Trade Partnership Against Terrorism
(CTPAT) System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of this 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 October 6, 2021.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Debra Danisek, <a href="/cdn-cgi/l/email-protection#5404263d2235372d7a171604143736247a303c277a333b22"><span class="__cf_email__" data-cfemail="4f1f3d26392e2c36610c0d1f0f2c2d3f612b273c61282039">[email protected]</span></a>, (202) 344-1610, CBP Privacy
Officer, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue
NW, Washington, DC 20229. For privacy issues please contact: Lynn
Parker Dupree, (202) 343-1717, Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS) U.S. Customs and
Border Protection (CBP) published a notice of proposed rulemaking in
the Federal Register, 86 FR 15136 (March 22, 2021), 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. In concert with that rulemaking, DHS/CBP issued an
updated system of records notice, ``DHS/CBP-018 Customs Trade
Partnership Against Terrorism System of Records'' in the Federal
Register at 86 FR 15136 (March 22, 2021), outlining that (1) DHS/CBP
updated its description of how CBP collects and maintains information
pertaining to prospective, ineligible, current, or former trade
partners that participate in the CTPAT Program; other entities and
individuals in their supply chains; and members of foreign governments'
secure supply chain programs that have been recognized by CBP, through
a mutual recognition arrangement or comparable arrangement, as being
compatible with the CTPAT Program; (2) DHS/CBP expanded the categories
of records to include date of birth (DOB); country of birth; country of
citizenship; travel document number; immigration status information;
driver's license information; Trusted Traveler membership type and
number; Registro Federal de Contribuventes (RFC) Persona Fisica (for
Mexican Foreign Manufacturers, Highway Carriers, and Long Haul Carriers
Only); and the U.S. Social Security number beyond sole proprietors to
now include the collection from all individuals listed as associated
with partner companies; (3) to clarify that CTPAT members may also
submit information to DHS/CBP under the CTPAT Trade Compliance program,
to include importer self-assessments and other documentation; and (4)
to clarify and expand several previously issued routine uses.
DHS/CBP invited comments on both the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice (SORN).
II. Public Comments
DHS received no comments on the NPRM and one non-substantive
comment on the SORN. After full consideration of the public comment,
the Department will implement the rulemaking as proposed for the
reasons described in the NPRM and as described here in the final rule.
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: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 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. Amend Appendix C to part 5, by adding paragraph ``85'' to read as
follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
85. The U.S. Department of Homeland Security (DHS)/U.S. Customs
and Border Protection (CBP)-018 Customs Trade Partnership Against
Terrorism (CTPAT) System of Records consists of electronic and paper
records and will be used by DHS and its components. The DHS/CBP-018
CTPAT 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 thereunder; and
national security activities. The 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(j)(2), has exempted this system from the following provisions
of the Privacy Act, 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8);
(f); and (g). Additionally, 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, subject to limitations set
forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I); and (f). 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:
[[Page 55476]]
(a) From subsection (c)(3) and (4) (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.
(b) From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform 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
or another agency. Access to the records could 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. Amendment of the records could interfere with ongoing
investigations and law enforcement activities when weighing and
evaluating all available information. Further, permitting amendment
to records after an investigation has been completed could impose
administrative burdens on investigators. In addition, permitting
access and amendment to such information could disclose security-
sensitive information that could be detrimental to homeland
security.
(c) From subsection (e)(1) (Relevancy and Necessity of
Information) because in the course of investigations into potential
violations of federal law, the accuracy of information obtained or
introduced occasionally may be unclear, or the information may not
be strictly relevant or necessary to a specific investigation. In
the interests of effective law enforcement, it is appropriate to
retain all information that may aid in establishing patterns of
unlawful activity.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of the investigation, thereby interfering with
that investigation and related law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information could impede law enforcement by
compromising the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
(f) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency
Requirements) and (f) (Agency Rules), because portions of this
system are exempt from the individual access provisions of
subsection (d) for the reasons noted above, and therefore DHS is not
required to establish requirements, rules, or procedures with
respect to such access. Providing notice to individuals with respect
to existence of records pertaining to them in the system of records
or otherwise setting up procedures pursuant to which individuals may
access and view records pertaining to themselves in the system would
undermine investigative efforts and reveal the identities of
witnesses, and potential witnesses, and confidential informants.
(g) From subsection (e)(5) (Collection of Information) because
with the collection of information for law enforcement purposes, it
is impossible to determine in advance what information is accurate,
relevant, timely, and complete.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS's ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal and could result in disclosure of
investigative techniques, procedures, and evidence.
(i) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-21138 Filed 10-5-21; 8:45 am]
BILLING CODE 9111-14-P
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