Rule2023-06714
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-027 Customs Broker Management (CBM) System of Records
Primary source
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Published
March 31, 2023
Effective
March 31, 2023
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 established system of records titled, "DHS/U.S. Customs and Border Protection (CBP)-027 Customs Broker Management (CBM) 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 88 Issue 62 (Friday, March 31, 2023)</title>
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[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Rules and Regulations]
[Pages 19213-19214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06714]
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Rules and Regulations
Federal Register
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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. 88 , No. 62 / Friday, March 31, 2023 / Rules
and Regulations
[[Page 19213]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2022-0042]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-027
Customs Broker Management (CBM) System of Records
AGENCY: U.S. Customs and Border Protection, 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
established system of records titled, ``DHS/U.S. Customs and Border
Protection (CBP)-027 Customs Broker Management (CBM) 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 March 31, 2023.
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="81d1f3e8f7e0e2f8afc2c3d1c1e2e3f1afe5e9f2afe6eef7">[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: Mason
Clutter (202) 343-1717, Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS) Customs and Border
Protection (CBP) published a notice of proposed rulemaking in the
Federal Register, 87 FR 43749, July 22, 2022, 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 new ``DHS/CBP-027 Customs Broker
Management (CBM) System of Records'' in the Federal Register at 87 FR
43880, July 22, 2022, to determine (1) an individual's suitability for
acquiring a Customs Broker license, whether that individual is
representing him or herself or affiliated with an association,
corporation, or partnership; and (2) whether a licensed Customs Broker
continues to meet the eligibility requirements to maintain that Customs
Broker license.
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 no comments on the SORN.
The Department 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: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301; 6 U.S.C. 142; DHS Del. No. 13001, Rev. 01 (June
2, 2020).
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a and 552 note.
0
2. In appendix C to part 5, add paragraph ``88'' to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
88. The DHS/CBP-027 Customs Broker Management System of Records
consists of electronic and paper records and will be used by DHS and
its components. DHS/CBP-027 Customs Broker Management 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; and national
security and intelligence activities. DHS/CBP-027 Customs Broker
Management System of Records maintains information about
individuals, associations, corporations, or partnerships to
administer the Customs Broker License Exam, determine suitability
for providing an individual a Customs Broker license, and determine
whether a licensed Customs Broker continues to meet the eligibility
requirements to maintain a Customs Broker license.
The Secretary of Homeland Security has exempted this system
pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), and (e)(8); (f); and (g). Additionally, the Secretary has
exempted this system pursuant to 5 U.S.C. 552a(k)(2) of the Privacy
Act from subsections (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:
(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 and Amendment 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. In
[[Page 19214]]
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.
* * * * *
Mason C. Clutter,
Acting Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2023-06714 Filed 3-30-23; 8:45 am]
BILLING CODE 9111-14-P
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