Proposed Rule2022-05745
Privacy Act Exemption for AssuranceNet
Primary source
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Published
March 22, 2022
Issuing agencies
Agriculture DepartmentFood Safety and Inspection Service
Abstract
The Food Safety and Inspection Service (FSIS) is proposing to exempt certain records maintained by its AssuranceNet (ANet) system of records from the notification and access provisions of Privacy Act of 1974 (Privacy Act). FSIS is proposing these exemptions because the information in the SORN is directly associated with investigations conducted by FSIS for law enforcement purposes. A notice of system of records for USDA/FSIS-0005, AssuranceNet (ANet) is also published in this issue of the Federal Register.
Full Text
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<title>Federal Register, Volume 87 Issue 55 (Tuesday, March 22, 2022)</title>
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[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16105-16107]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05745]
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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.
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Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 /
Proposed Rules
[[Page 16105]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 390
[Docket Number FSIS-2019-0012]
RIN 0583-AD82
Privacy Act Exemption for AssuranceNet
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
exempt certain records maintained by its AssuranceNet (ANet) system of
records from the notification and access provisions of Privacy Act of
1974 (Privacy Act). FSIS is proposing these exemptions because the
information in the SORN is directly associated with investigations
conducted by FSIS for law enforcement purposes. A notice of system of
records for USDA/FSIS-0005, AssuranceNet (ANet) is also published in
this issue of the Federal Register.
DATES: Comments must be received on or before May 23, 2022.
ADDRESSES: FSIS invites interested persons to submit comments on the
proposed rule. Comments may be submitted by one of the following
methods:
<bullet> Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field on this
web page or attach a file for lengthier comments. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the on-line instructions at that site for
submitting comments.
<bullet> Mail: Send to Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, 1400 Independence
Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
<bullet> Hand- or Courier-Delivered Submittals: Deliver to 1400
Independence Avenue SW, Jamie L. Whitten Building, Room 350-E,
Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2019-0012. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Docket: For access to background documents or comments received,
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at
1400 Independence Avenue SW, Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Scott Safian, AssuranceNet System
Owner/Manager, Enforcement and Litigation Division, Office of
Investigation, Enforcement and Audit, Food Safety and Inspection
Service, 355 E Street SW, Room 8-205, Washington, DC 20024, (202) 418-
8872.
For Privacy Questions: Privacy Office, Office of the Chief
Information Officer, USDA, 1400 Independence Ave. SW, Room 0055,
Washington, DC 20250; Telephone 202-619-8503.
SUPPLEMENTARY INFORMATION:
Background
FSIS is the public health regulatory agency in the USDA that is
responsible for ensuring that the nation's commercial supply of meat,
poultry, and egg products is safe, wholesome, and accurately labeled
and packaged. ANet is a management control and performance monitoring
system that gathers information from electronic and paper-based sources
to enable FSIS to track, measure, and monitor the performance of its
and its state partners' critical public health functions and to alert
FSIS management to areas of vulnerability or concern. ANet tracks,
measures, and monitors the performance of the key public health
functions of inspection, verification, surveillance, enforcement, and
sampling by FSIS and state meat and poultry inspection program
employees. The data and tools of ANet are used to analyze the
effectiveness of policies and procedures in meeting public health goals
and objectives and to help ensure that methods, evaluations, and
enforcement are standardized and traceable nationwide. The Agency also
uses data analysis in and through ANet to discern trends; to develop
objectives for regulatory food safety functions; to identify and focus
on areas of high-risk; and to help determine strategies to combat
threats to food safety and defense.
FSIS is proposing to exempt investigatory material, compiled and
maintained by ANet for law enforcement purposes, from certain
provisions of the Privacy Act.
Privacy Act
The Privacy Act of 1974, 5 U.S.C. 552a, governs the collection,
maintenance, use, and dissemination of information about individuals
that is maintained in a system of records. A system of records is a
group of records under the control of an agency from which information
is retrieved by the individual's name or some other personal identifier
assigned to that individual. The Privacy Act requires agencies to
publish a system of records notice (SORN) for every system of records
that it maintains. A SORN informs the public of the existence of a
system of records and describes the type of information collected, why
it is being collected, what it may be used for, when it may be
disclosed to third parties, how it will be safeguarded, and how and
when it will be destroyed. A notice of system of records for USDA/FSIS-
0005, AssuranceNet (ANet) is also published in this issue of the
Federal Register. A Privacy Impact Assessment is posted on <a href="https://www.usda.gov/home/privacy-policy/privacy-impact-assessments">https://www.usda.gov/home/privacy-policy/privacy-impact-assessments</a>.
An Agency that wants to exempt portions of some systems of records
from certain provisions of the Privacy Act must promulgate regulations
to notify the public and explain the reasons why a particular exemption
is claimed. FSIS is proposing to exempt certain investigatory records
maintained by the ANet system of records from the notification and
access provisions of the Privacy Act under 5 U.S.C. 552a(c)(3), (d)(1)-
(4), (e)(1) (e)(4)(G)-(I), and (f). Specifically, ANet includes
investigatory material compiled for law enforcement, which fall under
the Privacy Act exemptions 5 U.S.C. 552a(k). FSIS is proposing these
exemptions because the information contained in the SORN is directly
associated with investigations conducted by FSIS for law enforcement
purposes. The proposed exemptions would protect the information on the
methods used in law enforcement
[[Page 16106]]
activities from those individuals who are subjects to the investigation
and the identities and physical safety of witnesses and others who aid
in investigations. In addition, the exemptions ensure FSIS's ability to
obtain information from third parties and safeguards those
investigatory records that are needed for litigation.
Executive Orders 12866 and 13563, and the Regulatory Flexibility Act
E.O.s 12866 and 13563 direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
benefits, distributive impacts, and equity). E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This proposed rule
has been designated as a ``non-significant'' regulatory action under
section 3(f) of E.O. 12866. Accordingly, the rule has not been reviewed
by the Office of Management and Budget (OMB) under E.O. 12866. FSIS
anticipates no costs or benefits accruing from this proposal.
Executive Order 13175
This proposed rule will have no implications for Indian Tribal
governments. More Specifically, it does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal government and Indian tribes, or on the distribution of power
and responsibilities between the Federal government and Indian tribes.
Therefore, the consultation requirements of Executive Order 13175 do
not apply.
Paperwork Reduction Act
There are no new paperwork or recordkeeping requirements associated
with this final rule under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520).
USDA Non-Discrimination Statement
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the responsible
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at <a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> and
at any USDA office or write a letter addressed to USDA and provide in
the letter all of the information requested in the form. To request a
copy of the complaint form, call (866) 632-9992. Submit your completed
form or letter to USDA by: (1) Mail: U.S. Department of Agriculture,
Office of the Assistant Secretary for Civil Rights, 1400 Independence
Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3)
email: <a href="/cdn-cgi/l/email-protection#9eeeecf1f9ecfff3b0f7f0eafff5fbdeebedfaffb0f9f1e8"><span class="__cf_email__" data-cfemail="e69694898194878bc88f8892878d83a693958287c8818990">[email protected]</span></a>.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication on-line through the FSIS web page located at:
<a href="https://www.fsis.usda.gov/federal-register">https://www.fsis.usda.gov/federal-register</a>.
FSIS also will make copies of this publication available through
the FSIS Constituent Update, which is used to provide information
regarding FSIS policies, procedures, regulations, Federal Register
notices, FSIS public meetings, and other types of information that
could affect or would be of interest to our constituents and
stakeholders. The Constituent Update is available on the FSIS web page.
Through the web page, FSIS is able to provide information to a much
broader, more diverse audience. In addition, FSIS offers an email
subscription service which provides automatic and customized access to
selected food safety news and information. This service is available
at: <a href="https://www.fsis.usda.gov/subscribe">https://www.fsis.usda.gov/subscribe</a>. Options range from recalls to
export information, regulations, directives, and notices. Customers can
add or delete subscriptions themselves and have the option to password
protect their accounts.
List of Subjects in 9 CFR Part 390
Freedom of Information, Privacy.
For the reasons stated in the preamble, FSIS is proposing to amend
9 CFR part 390 as follows:
0
1. Revise the authority citation for part 390 to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 21 U.S.C. 451-472, 601-695;
7 CFR 1.3, 2.7.
0
2. Add Sec. 390.11 to read as follows:
Sec. 390.11 FSIS systems of records exempt from the Privacy Act.
(a) The USDA/FSIS-0005, AssuranceNet system of records is exempt
from subsections (c)(3), (d)(1)-(4), (e)(1), (e)(4)(G)-(I), and (f) of
the Privacy Act, 5 U.S.C. 552a, to the extent it contains investigatory
material compiled for law enforcement purposes in accordance with 5
U.S.C. 552a(k) (2). Exemptions from the particular subsections are
justified for the following reasons:
(1) From subsection (c)(3) because the release of the disclosure
accounting would permit the subject of an investigation to obtain
valuable information concerning the nature of that investigation. This
would permit record subjects to impede the investigation, e.g., destroy
evidence, intimidate potential witnesses, or flee the area to avoid
inquiries or apprehension by law enforcement personnel.
(2) From subsection (d)(1) because the records contained in this
system relate to official federal investigations and matters of law
enforcement. Individual access to these records might compromise
ongoing or impending investigations, reveal confidential informants or
constitute unwarranted invasions of the personal privacy of third
parties who are involved in a certain investigation.
(3) From section (d) (2) because amendment of the records would
interfere with ongoing law enforcement proceedings and impose an
impossible administrative burden by requiring investigations to be
continuously reinvestigated.
(4) From subsections (d)(3) and (4) because these subsections are
inapplicable to the extent exemption is claimed from (d)(1) and (2).
(5) From subsection (e) (1) it is often impossible to determine in
advance if investigatory information contained in this system is
accurate, relevant, timely and complete, but, in the interests of
effective law enforcement, it is
[[Page 16107]]
necessary to retain this information to aid in establishing patterns of
activity and provide investigative leads. Moreover, it would impede the
specific investigative process if it were necessary to assure the
relevance, accuracy, timeliness and completeness of all information
obtained.
(6) From subsections (e)(4) (G) and (H) since an exemption being
claimed for subsection (d) makes these subsections inapplicable.
(7) From subsection (e)(4)(I) because the categories of sources of
the records in this system have been published in the Federal Register
in broad generic terms in the belief that this is all that subsection
(e)(4)(I) of the Act requires. In the event, however, that this
subsection should be interpreted to require more detail as to the
identity of sources of the records in the system, exemption from this
provision is necessary in order to protect the confidentiality of the
sources of enforcement information and of witnesses and informants.
(8) From subsection (f) to the extent that the system is exempt
from other specific subsections of the Privacy Act.
Done in Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2022-05745 Filed 3-21-22; 8:45 am]
BILLING CODE 3410-DM-P
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