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.

Rules and Regulations Federal Register

66557 

Vol. 83, No. 247 

Thursday, December 27, 2018 

DEPARTMENT OF HOMELAND 

SECURITY 

6 CFR Part 5 

[Docket No. DHS–2018–0064] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security (DHS)/U.S. Customs and 

Border Protection (CBP)–024 CBP 

Intelligence Records System (CIRS) 

System of Records 

AGENCY: Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security is issuing a final rule to amend 

its regulations to exempt portions of a 

newly established system of records 

titled, ‘‘DHS/CBP–024 CBP Intelligence 

Records System (CIRS) System of 

Records’’ from certain provisions of the 

Privacy Act. Specifically, the 

Department exempts portions of the 

‘‘DHS/CBP–024 CBP Intelligence 

Records System (CIRS) 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 

December 27, 2018. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2018–0064, at: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Please follow the 

instructions for submitting comments. 

• Mail and hand delivery on 

commercial delivery: U.S. Customs and 

Border Protection, Privacy and Diversity 

Office, ATTN: Privacy Officer—Debra L. 

Danisek, 1300 Pennsylvania Ave. NW, 

Washington, DC 20229. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rule. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

privacy issues please contact: Chief 

Privacy Officer, Privacy Office Philip S. 

Kaplan at 202–343–1717. 

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 (82 FR 44124, 

September 21, 2017) proposing to 

exempt portions of this system of 

records from one or more provisions of 

the Privacy Act because of criminal, 

civil, and administrative enforcement 

requirements. DHS issued the ‘‘DHS/ 

CBP–024 CBP Intelligence Records 

System (CIRS) System of Records’’ in 

the Federal Register at 82 FR 44198, on 

September 21, 2017, to provide notice to 

the public that DHS/CBP collects and 

maintains records generated, received, 

or collected by the CBP Office of 

Intelligence, or other offices within CBP 

that support the law enforcement 

intelligence mission, that is analyzed 

and disseminated to CBP executive 

management and operational units for 

law enforcement, intelligence, 

counterterrorism, and other homeland 

security purposes. CIRS contains data 

from a variety of sources within and 

outside of CBP to support law 

enforcement activities and 

investigations of violations of U.S. laws, 

administration of immigration laws and 

other laws administered or enforced by 

CBP, and production of CBP law 

enforcement intelligence products. CIRS 

is the exclusive CBP SORN for finished 

intelligence products and any raw 

intelligence information, public source 

information, or other information 

collected by CBP for an intelligence 

purpose that is not covered by an 

existing DHS SORN. CIRS records were 

previously covered by DHS/CBP–006— 

Automated Targeting System SORN (77 

FR 30297, May 22, 2012) and DHS/CBP– 

017—Analytical Framework for 

Intelligence SORN (77 FR 13813, June 7, 

2012). 

DHS/CBP invited comments on both 

the Notice of Proposed Rulemaking 

(NPRM) and System of Records Notice 

(SORN). 

II. Public Comments 

DHS received thirty-two comments on 

the CBP CIRS NPRM and four on the 

CBP CIRS SORN. Of the thirty-six total 

comments, thirteen were erroneously 

filed relating to the republication of the 

DHS Alien File, Index, and National 

File Tracking system (A-File). DHS will 

not respond to comments regarding the 

publication of the A-File SORN in this 

Final Rule. Of the remaining substantive 

comments for CIRS: (1) Seventeen 

related to transparency; (2) two related 

to the collection of information not 

specifically relevant to an investigation; 

and (3) four were duplicates of two 

formal briefs submitted for both the 

SORN and the NPRM. The following is 

an analysis of the substantive comments 

and questions submitted by the public. 

Comment: DHS should not hide what 

it is collecting by exempting the 

information from Privacy Act 

protections. 

Response: DHS published the CIRS 

SORN in compliance with the 

notification requirements of the Privacy 

Act, subsection 552a(e)(4), and thus, is 

being transparent of its collection 

activities. The CIRS SORN describes the 

information that DHS collects and 

retains in association with this system 

of records. DHS does not seek to hide 

this collection or exempt it from the 

notification requirements of the Privacy 

Act; rather, it seeks exemptions to 

ensure that records critical to law 

enforcement and intelligence activities 

need not be shared in the event that 

such sharing might jeopardize the 

investigation or otherwise compromise 

DHS operations. 

Comment: DHS’s collection of records 

in CIRS is overly broad because, as 

stated in the NPRM, DHS may be 

collecting information that ‘‘may not be 

strictly relevant or necessary to a 

specific investigation.’’ 

Response: In order to conduct a 

complete investigation, it is necessary 

for DHS/CBP to collect and review large 

amounts of data in order to identify and 

understand relationships between 

individuals, entities, threats and events, 

and to monitor patterns of activity over 

extended periods of time that may be 

indicative of criminal, terrorist, or other 

threat. 

Comment: The SORN contains 

materially false claims concerning the 

status of the rulemaking for Privacy Act 

exemptions that are directly 


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66558 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 

contradicted by the Notice of Proposed 

Rulemaking for those exemptions. 

Response: The Secretary of Homeland 

Security issued a proper NPRM, 

pursuant to the Privacy Act, the Federal 

Register, and Office of Management and 

Budget (OMB) requirements, received 

comments from the public as part of the 

notice and comment procedures of the 

Administrative Procedure Act, and is 

issuing this final rule in conformance 

with those requirements. 

Comment: Proposed routine uses 

would circumvent Privacy Act 

safeguards and contravene legislative 

intent. 

Response: DHS’s collection of records 

in CIRS is intended to permit DHS/CBP 

to review large amounts of data in order 

to identify and understand relationships 

between individuals, entities, threats 

and events, and to monitor patterns of 

activity over extended periods of time 

that may be indicative of criminal, 

terrorist, or other threat. The SORN is 

consistent with the legislative intent of 

the Privacy Act to ensure fair practices, 

collection, and uses of individuals’ 

personal information. The routine uses, 

as written in the CIRS SORN, and 

disclosures of such records, are 

compatible with the purpose for which 

they are originally collected and used by 

DHS/CBP. 

After consideration and review of the 

public comments, DHS has determined 

that the exemptions should remain in 

place, 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 

■ 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. 

■ 2. Add paragraph 79 to appendix C to 

part 5 to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

79. The DHS/CBP–024 CBP Intelligence 

Records System (CIRS) System of Records 

consists of electronic and paper records and 

will be used by DHS and its components. The 

CIRS 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. The CIRS 

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) 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 of 

Homeland Security, pursuant to 5 U.S.C. 

552a(k)(1) and (k)(2), has exempted this 

system from the following provisions of the 

Privacy Act, 5 U.S.C. 552a(c)(3); (d); (e)(1), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). When this 

system receives a record from another system 

exempted in that source system under 5 

U.S.C. 552a(k)(1), (k)(2), or (j)(2), DHS will 

claim the same exemptions for those records 

that are claimed for the original primary 

systems of records from which they 

originated and claims any additional 

exemptions set forth here. 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. Information on a 

completed investigation may be withheld 

and exempt from disclosure if the fact that 

an investigation occurred remains sensitive 

after completion. 

(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 and would impose an 

unreasonable administrative burden by 

requiring investigations to be continually 

reinvestigated. 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 

and amendment 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, 

amend, 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. Compliance with subsection (e)(5) 

would preclude DHS agents from using their 

investigative training and exercise of good 

judgment to both conduct and report on 

investigations. 

(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) to the extent that 

the system is exempt from other specific 

subsections of the Privacy Act relating to 

individuals’ rights to access and amend their 

records contained in the system. Therefore, 

DHS is not required to establish rules or 

procedures pursuant to which individuals 

may seek a civil remedy for the agency’s 

refusal to amend a record, refusal to comply 

with a request for access to records, failure 

to maintain accurate, relevant timely and 


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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 66559 

complete records, or its failure to otherwise 

comply with an individual’s right to access 

or amend records. 

Philip S. Kaplan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2018–27944 Filed 12–26–18; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Document Number AMS–NOP–14–0079; 

NOP–14–05] 

RIN 0581 AD60 

National Organic Program; 

Amendments to the National List of 

Allowed and Prohibited Substances 

(Crops, Livestock and Handling) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

National List of Allowed and Prohibited 

Substances (National List) provisions of 

the U.S. Department of Agriculture’s 

(USDA’s) organic regulations to 

implement recommendations submitted 

to the Secretary of Agriculture 

(Secretary) by the National Organic 

Standards Board (NOSB). This rule 

changes the use restrictions for 

seventeen substances allowed for 

organic production or handling on the 

National List. This rule also adds 

sixteen new substances on the National 

List to be allowed in organic production 

or handling. In addition, this final rule 

lists the botanical pesticide, rotenone, as 

a prohibited substance in organic crop 

production. This final rule removes 

ivermectin as an allowed parasiticide 

for use in organic livestock production 

and amends our regulations to allow the 

use of parasiticides in fiber bearing 

animals. Finally, this rule inserts 

corrections of instructions and 

regulation text as listed in the proposed 

rule. 

DATES: Effective date: This rule is 

effective January 28, 2019. 

Implementation Dates: This rule will 

be fully implemented January 28, 2019, 

except that the amendments for the 

substances ivermectin, flavors, 

cellulose, and glycerin will be 

implemented December 27, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Robert Pooler, Standards Division, 

National Organic Program. Telephone: 

(202) 720–3252. Fax: (202) 205–7808. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 21, 2000, the Secretary 

published the National List of Allowed 

and Prohibited Substances in §§ 205.600 

through 205.607 of the USDA organic 

regulations (7 CFR 205.1–205.690). This 

National List identifies the synthetic 

substances that may be used and the 

nonsynthetic (natural) substances that 

may not be used in organic production. 

The National List also identifies 

synthetic, nonsynthetic nonagricultural, 

and nonorganic agricultural substances 

that may be used in organic handling. 

The Organic Foods Production Act of 

1990, as amended (7 U.S.C. 6501–6522) 

(OFPA), and § 205.105 of the USDA 

organic regulations specifically prohibit 

the use of any synthetic substance in 

organic production and handling unless 

the synthetic substance is on the 

National List. Section 205.105 also 

requires that any nonorganic 

agricultural and any nonsynthetic 

nonagricultural substance used in 

organic handling be on the National 

List. Under the authority of OFPA, the 

National List can be amended by the 

Secretary based on recommendations 

presented by the NOSB. Since the final 

rule establishing the National Organic 

Program (NOP) became effective on 

October 21, 2002, AMS has published 

multiple rules amending the National 

List. 

This final rule amends the National 

List to implement NOSB 

recommendations on 35 amendments to 

the National List that were submitted to 

the Secretary on November 17, 2000, 

September 19, 2002, May 6, 2009, 

November 5, 2009, October 28, 2010, 

December 2, 2011, March 20, 2012, 

October 16, 2012, May 2, 2014, April 30, 

2015, October 29, 2015, April 26, 2016, 

and November 18, 2016. 

II. Overview of Amendments 

The following provides an overview 

of the final rule additions and 

amendments to designated sections of 

the National List regulations. 

Application and timeline information 

on the amendments were addressed in 

the proposed rule (83 FR 2498) and have 

not been included in the final rule. In 

addition, the basis for the NOSB 

recommendations was presented in the 

proposed rule. In summary, the NOSB 

evaluated each substance by applying 

the OFPA substance evaluation criteria 

to determine if the substance is 

compatible with organic production or 

handling. AMS reviewed each NOSB 

recommendation and accepted each 

recommendation for rulemaking. 

Subsequently, AMS submitted the 

NOSB recommendations through 

rulemaking in the proposed rule and 

this final rule. After considering the 

received comments, AMS has 

determined that the additions and 

amendments described in the proposed 

rule will be included, with a few minor 

changes based on comments, in the final 

rule. Section E of this final rule provides 

an overview of the comments received 

and AMS’s response on all additions 

and amendments. 

§ 205.601 Synthetic Substances 

Allowed for Use in Organic Crop 

Production 

This final rule amends § 205.601 by 

adding three new substances, 

hypochlorous acid, magnesium oxide, 

and squid byproducts, to this section 

and amends this section by changing the 

annotation of micronutrients as listed in 

§ 205.601 to include other agricultural 

practices that may be used in 

maintaining soil fertility. 

Hypochlorous Acid 

This final rule adds hypochlorous 

acid to § 205.601 as a chlorine material 

allowed for use as an algicide, 

disinfectant, and sanitizer. Paragraph 

(a)(2)(iii) reads as follows: 

Hypochlorous acid—generated from 

electrolyzed water. Upon the effective 

date of this final rule hypochlorous acid 

is allowed as an algicide, disinfectant, 

and sanitizer, including irrigation 

cleaning systems in organic crop 

production. AMS has reviewed and 

agrees with the NOSB recommendation 

that hypochlorous acid be allowed for 

use in organic crop production. AMS 

received comments on the proposed 

rule for amending hypochlorous acid 

onto § 205.601. 

Magnesium Oxide 

This final rule adds magnesium oxide 

to the National List in § 205.601(j) for 

use in controlling the viscosity of a clay 

suspension agent for humates. 

Paragraph (j)(5) is added to this section 

to read as follows: Magnesium oxide 

(CAS # 1309–48–4)—for use only to 

control the viscosity of a clay 

suspension agent for humates. Upon the 

effective date of this rule, magnesium 

oxide is allowed in organic crop 

production as an agent for controlling 

the viscosity of clay suspension for 

humates. AMS has reviewed and agrees 

with the NOSB recommendation that 

magnesium oxide acid be allowed for 

use in organic crop production. AMS 

received comments on the proposed 

rule for amending magnesium oxide 

onto § 205.601. 


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