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.

Rules and Regulations Federal Register

47767 

Vol. 77, No. 155 

Friday, August 10, 2012 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0114] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security U.S. Customs and Border 

Protection, DHS/CBP—017 Analytical 

Framework for Intelligence (AFI) 

System of Records 

AGENCY: Privacy Office, DHS. 

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, ‘‘Department of Homeland 

Security/U.S. Customs and Border 

Protection, DHS/CBP—017 Analytical 

Framework for Intelligence (AFI) 

System of Records’’ from certain 

provisions of the Privacy Act. 

Specifically, the Department exempts 

portions of the ‘‘Department of 

Homeland Security/U.S. Customs and 

Border Protection, DHS/CBP—017 

Analytical Framework for Intelligence 

(AFI) System of Records’’ from one or 

more provisions of the Privacy Act 

because of criminal, civil, and 

administrative enforcement 

requirements. 

DATES: Effective Date: This final rule is 

effective August 10, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: 

Laurence E. Castelli (202–325–0280), 

CBP Privacy Officer, Office of 

International Trade, U.S. Customs and 

Border Protection, Mint Annex, 799 

Ninth Street NW., Washington, DC 

20229. For privacy issues please 

contact: Mary Ellen Callahan (202–343– 

4010), Chief Privacy Officer, Privacy 

Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Homeland 

Security (DHS) U.S. Customs and 

Border Protection (CBP) published a 

notice of proposed rulemaking in the 

Federal Register, 77 FR 33683 (June 7, 

2012) 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. The system 

of records is the DHS/CBP—017 

Analytical Framework for Intelligence 

(AFI) System of Records. The DHS/ 

CBP—017 Analytical Framework for 

Intelligence (AFI) system of records 

notice was published concurrently in 

the Federal Register, 77 FR 33753, June 

7, 2012, and comments were invited on 

both the Notice of Proposed Rulemaking 

(NPRM) and System of Records Notice 

(SORN). 

Public Comments 

DHS received no comments with 

respect to the NPRM and five 

submissions commenting on the SORN. 

NPRM 

DHS received no comments on the 

NPRM. 

SORN 

DHS received twelve distinct 

comments from four individuals in 

response to the SORN. 

Comment: DHS/CBP received two 

comments inquiring as to whether or 

not the results generated from AFI will 

be released to the public, or if 

applicable, a statement from DHS that 

all of the expected results generated will 

not be permitted to be disclosed to the 

public. 

Response: DHS/CBP has taken an 

exemption from the access provisions of 

the Privacy Act for the information 

created in AFI. The applicability of this 

exemption will be reviewed in the 

context of each request for access. DHS/ 

CBP separately may share information 

generated through AFI with the public, 

or specific members of the public, in 

accordance with three specific routine 

uses identified in the AFI SORN: 

routine use K where the member of the 

public is a possible informant; routine 

use O where the member of the public 

is possible target of terrorist activity; 

and routine use Q where the DHS Chief 

Privacy Officer in consultation with the 

Office of General Counsel identifies a 

legitimate public interest in the 

disclosure of information. In all 

instances, application of a particular 

routine use is subject to the limitations 

set forth in each respective routine use. 

Comment: DHS/CBP received one 

comment requesting the name of the 

Congressional oversight committees that 

will have access to the information 

concerning AFI. 

Response: DHS/CBP has briefed the 

House Permanent Select Committee on 

Intelligence, the Senate Select 

Committee on Intelligence, and the 

House Committee on Homeland 

Security on AFI. These Committees and 

the Senate Committee on Homeland 

Security and Government Affairs retain 

jurisdiction over the purpose and 

mission of AFI and will receive future 

briefings upon request and as 

appropriate. See 5 U.S.C. § 552a(6). The 

Committees and their staff will not have 

regular log-in access to AFI. 

Comment: DHS/CBP received nine 

comments related to the staffing 

requirements, capital costs, and 

operating costs of AFI and the length of 

time the system is expected to operate 

before it must be replaced with new 

technologies. 

Response: This information can be 

found on the Federal IT Dashboard 

available through the following link: 

http://www.itdashboard.gov/ 

investment?buscid=315. 

After consideration of public 

comments, 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 

■ 1. The authority citation for Part 5 

reads 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. 

■ 2. Add at the end of Appendix C to 

Part 5, the following new paragraph 

‘‘69’’: 


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47768 Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Rules and Regulations 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

69. The DHS/CBP—017 Analytical 

Framework for Intelligence (AFI) System of 

Records consists of electronic and paper 

records and will be used by DHS and its 

components. The DHS/CBP—017 Analytical 

Framework for Intelligence (AFI) System of 

Records is a repository of information held 

by DHS to enhance DHS’s ability to: Identify, 

apprehend, and/or prosecute individuals 

who pose a potential law enforcement or 

security risk; aid in the enforcement of the 

customs and immigration laws, and other 

laws enforced by DHS at the border; and 

enhance United States security. This system 

also supports certain other DHS programs 

whose functions include, but are not limited 

to, the enforcement of civil and criminal 

laws; investigations, inquiries, and 

proceedings there under; and national 

security and intelligence activities. The DHS/ 

CBP—017 Analytical Framework for 

Intelligence (AFI) 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. 

(a) The Secretary of Homeland Security has 

exempted this system from certain provisions 

of the Privacy Act as follows: 

(1) Pursuant to 5 U.S.C. 552a(j)(2), the 

system is exempt from 5 U.S.C. 552a(c)(3) 

and (c)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). 

(2) Pursuant to 5 U.S.C. 552a(j)(2), the 

system (except for any records that were 

ingested by AFI where the source system of 

records already provides access and/or 

amendment under the Privacy Act) is exempt 

from 5 U.S.C. 552a(d)(1), (d)(2), (d)(3), and 

(d)(4). 

(3) Pursuant to 5 U.S.C. 552a(k)(1), the 

system is exempt from 5 U.S.C. 552a(c)(3); 

(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). 

(4) Pursuant to 5 U.S.C. 552a(k)(1), the 

system is exempt from (d)(1), (d)(2), (d)(3), 

and (d)(4). 

(5) Pursuant to 5 U.S.C. 552a(k)(2), the 

system is exempt from 5 U.S.C. 552a(c)(3); 

(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). 

(6) Pursuant to 5 U.S.C. 552a(k)(2),the 

system (except for any records that were 

ingested by AFI where the source system of 

records already provides access and/or 

amendment under the Privacy Act) is exempt 

from (d)(1), (d)(2), (d)(3), and (d)(4). 

(b) 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: 

(1) 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. 

(2) 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 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. 

(3) 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 and 

national security, it is appropriate to retain 

all information that may aid in establishing 

patterns of unlawful activity. 

(4) 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 

and national security activities. 

(5) From subsection (e)(3) (Notice to 

Individuals) because providing such detailed 

information could impede law enforcement 

and national security by compromising the 

existence of a confidential investigation or 

reveal the identity of witnesses or 

confidential informants. 

(6) 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. 

(7) 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. 

(8) 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. 

(9) From subsection (g)(1) (Civil Remedies) 

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

Dated: July 31, 2012. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2012–19336 Filed 8–9–12; 8:45 am] 

BILLING CODE 9111–14–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2003–0118; FRL–9712–4] 

RIN 2060–AG12 

Protection of Stratospheric Ozone: 

Determination 27 for Significant New 

Alternatives Policy Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Determination of Acceptability. 

SUMMARY: This Determination of 

Acceptability expands the list of 

acceptable substitutes for ozonedepleting substances under the U.S. 

Environmental Protection Agency’s 

(EPA) Significant New Alternatives 

Policy (SNAP) program. This action lists 

as acceptable four additional substitutes 

for use in the refrigeration and air 

conditioning sector; two additional 

substitutes in the foam blowing sector; 

one additional substitute in the solvent 

cleaning sector; two additional 

substitutes in the aerosol sector; and one 

additional substitute in the fire 

suppression sector. 

DATES: This determination is effective 

on August 10, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2003–0118 

(continuation of Air Docket A–91–42). 

All electronic documents in the docket 

are listed in the index at http:// 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, i.e., Confidential 

Business Information (CBI) or other 


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