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.

Proposed Rules Federal Register

67621 

Vol. 76, No. 212 

Wednesday, November 2, 2011 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0103] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security U.S. Customs and Border 

Protection DHS/CBP–003 Credit/Debit 

Care Data System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security is giving concurrent notice of a 

newly established system of records 

pursuant to the Privacy Act of 1974 for 

the ‘‘Department of Homeland Security/ 

U.S. Customs and Border Protection– 

003 Credit/Debit Care Data System of 

Records’’ and this proposed rulemaking. 

In this proposed rulemaking, the 

Department proposes 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. 

DATES: Comments must be received on 

or before December 2, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2011–0103, by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (703) 483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

• Instructions: All submissions 

received must include the agency name 

and docket number for this rulemaking. 

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. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. 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 

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 (703) 235– 

0780), Chief Privacy Officer, Privacy 

Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Homeland Security (DHS) U.S. Customs 

and Border Protection (CBP) proposes to 

establish a new DHS system of records 

notice titled, ‘‘DHS/CBP–003 Credit/ 

Debit Card Data System of Records.’’ 

This system collects, uses, and 

maintains records related to any credit 

and debit card transactions with CBP. 

CBP is providing notice to the public 

regarding the collection, use, and 

dissemination of any credit and debit 

card transaction information provided 

to CBP. Many programs administered by 

CBP require an individual or business to 

provide payment for various purposes, 

including services, applications, fees, 

and duties, among others. As CBP 

expands methods of payment, many of 

these transactions will permit use of 

credit and debit cards, which will 

require the collection of the card data, 

disseminating that data to process the 

transaction, and maintaining the data 

for recordkeeping purposes. Information 

from this system will be shared with the 

Department of Treasury, banks, and 

credit and debit card processors as 

necessary. The data will not be used for 

law enforcement or intelligence 

purposes unless the individual’s 

underlying transaction becomes 

associated with a law enforcement or 

intelligence action. 

The purpose of this system is to 

provide payment processing and 

recordkeeping of credit and debit card 

transactions with CBP. Authority for 

maintenance of this system is given by 

The Homeland Security Act of 2002, 

Public Law 107–296; 5 U.S.C. 301; 8 

U.S.C. 1101, et seq.; 19 U.S.C. 1, et seq.; 

Section 711 of the Implementing 

Recommendations of the 9/11 

Commission Act of 2007 (9/11 Act), 

(Pub. L. 110–53); and the Travel 

Promotion Act (Pub. L. 111–145). This 

newly established system will allow 

CBP to collect credit and/or debit card 

payment information from individuals 

providing payment to CBP for services, 

applications, fees, duties, and other 

official activities. Records in this system 

are safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

information that is being stored. Access 

to the computer system containing the 

records in this system is limited to those 

individuals who have a need to know 

the information for the performance of 

their official duties and who have 

appropriate clearances or permissions. 

All routine uses proposed are 

compatible with the purpose for which 

the information was collected and CBP’s 

mission. 

Consistent with DHS’s information 

sharing mission, information stored in 

the Credit/Debit Card Data system of 

record may be shared with other DHS 

components, as well as appropriate 

Federal, State, local, foreign, or 

international or tribal government 

agencies. This sharing will only take 

place after DHS determines that the 

receiving component or agency has a 

need to know the information to carry 

out national security, law enforcement, 

immigration, intelligence, or other 

functions consistent with the routine 

uses set forth in this system of records 

notice. 

Additionally, the Department of 

Homeland Security is issuing a Notice 

of Proposed Rulemaking to exempt this 

system of records from certain 

provisions of the Privacy Act, 

concurrent with this system of records 

elsewhere in the Federal Register. DHS 

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67622 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Proposed Rules 

is not exempting any data in the system 

regarding an individual’s credit or debit 

card transaction. This system, however, 

may contain records or information 

pertaining to the accounting of 

disclosures made from this system to 

other law enforcement or intelligence 

agencies (federal, state, local, foreign, 

international or tribal) in accordance 

with the published routine uses or 

statutory basis for disclosure under 5 

U.S.C. 552a(b). For the accounting of 

these disclosures only, in accordance 

with 5 U.S.C. 552a(j)(2), and (k)(2), DHS 

will claim exemptions for these records 

or information. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which the U.S. government 

collects, maintains, uses, and 

disseminates personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency from which 

information is retrieved by the name of 

the individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. In 

the Privacy Act, an individual is defined 

to encompass U.S. citizens and lawful 

permanent residents. As a matter of 

policy, DHS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. 

The Privacy Act allows government 

agencies to exempt certain records from 

the access and amendment provisions. If 

an agency claims an exemption, 

however, it must issue a Notice of 

Proposed Rulemaking to make clear to 

the public the reasons why a particular 

exemption is claimed. 

DHS is claiming exemptions from 

certain requirements of the Privacy Act 

for DHS/CBP–003 CDCDS System of 

Records. Some information in DHS/ 

CBP–003 CDCDS System of Records 

relates to official DHS law enforcement 

and immigration activities; specifically, 

records or information pertaining to the 

accounting of disclosures made from 

this system to other law enforcement or 

intelligence agencies (Federal, state, 

local, foreign, international or tribal) in 

accordance with the published routine 

uses or statutory basis for disclosure 

under 5 U.S.C. 552a(b). These 

exemptions are needed to protect 

information relating to DHS activities 

from disclosure to subjects or others 

related to these activities. Specifically, 

the exemptions are required to preclude 

subjects of these activities from 

frustrating these processes and to avoid 

disclosure of activity techniques. 

Disclosure of information to the subject 

of the inquiry could also permit the 

subject to avoid detection or 

apprehension. 

The exemptions proposed here are 

standard law enforcement and national 

security exemptions exercised by a large 

number of federal law enforcement and 

intelligence agencies. In appropriate 

circumstances, where compliance 

would not appear to interfere with or 

adversely affect the law enforcement 

purposes of this system and the overall 

law enforcement process, the applicable 

exemptions may be waived on a case by 

case basis. 

A notice of system of records for DHS/ 

CBP–0 CDCDS System of Records is also 

published in this issue of the Federal 

Register. 

List of Subjects in 6 CFR Part 5 

Freedom of information; Privacy. 

For the reasons stated in the 

preamble, DHS proposes to amend 

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 at the end of Appendix C to 

Part 5, the following new paragraph ‘‘1’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

63. The DHS/CBP–003 CDCDS System of 

Records consists of electronic and paper 

records and will be used by DHS and its 

components. The DHS/CBP–003 CDCDS 

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; 

national security and intelligence activities.. 

The DHS/CBP–003 CDCDS 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 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) and (4), (e)(8), and (g) 

pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). 

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 (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. 

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

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

Dated: October 3, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–28400 Filed 11–1–11; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 609 and 950 

RIN 1990–AA38 

Modification of Regulatory Provisions 

Requiring Credit Rating or 

Assessments in Accordance With 

Section 939A of the Dodd-Frank Wall 

Street Reform and Consumer 

Protection Act 

AGENCY: Office of the General Counsel, 

Department of Energy (DOE). 

ACTION: Proposed rule; request for 

comment. 

SUMMARY: Pursuant to the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act (the Act), the Department 

of Energy (DOE) has reviewed DOE 

regulations that require the use of an 

assessment of the credit-worthiness of a 

security or money market instrument. 

DOE has identified regulatory 

provisions that may be subject to the 

Act’s requirement to remove any 

references to or requirements in such 

regulations regarding credit ratings. The 

regulations DOE identified are 

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