34180 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Proposed Rules 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

55. DHS/USCIS–ICE–CBP—001 Alien File, 

Index, and National File Tracking System of 

Records consists of electronic and paper 

records and will be used by USCIS, ICE, and 

CBP. DHS/USCIS–ICE–CBP—001 Alien File, 

Index, and National File Tracking 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; and national 

security and intelligence activities. DHS/ 

USCIS–ICE–CBP—001 Alien File, Index, and 

National File Tracking 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, 

territorial, 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 (c)(4): (d); (e)(1), (e)(2), 

(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), 

(e)(8), (e)(12); (f); (g)(1); and (h) pursuant to 

5 U.S.C. 552a(j)(2). Additionally, 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); 

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

pursuant to 5 U.S.C. 552a(k)(1) 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 (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. 

(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, DHS employees’ 

identities, 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. 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 (e)(12) (Computer 

Matching) if the agency is a recipient agency 

or a source agency in a matching program 

with a non-Federal agency, with respect to 

any establishment or revision of a matching 

program, at least 30 days prior to conducting 

such program, publish in the Federal 

Register notice of such establishment or 

revision. 

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

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

(k) From subsection (h) (Legal Guardians) 

the parent of any minor, or the legal guardian 

of any individual who has been declared to 

be incompetent due to physical or mental 

incapacity or age by a court of competent 

jurisdiction, may act on behalf of the 

individual. 

Dated: May 27, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–14486 Filed 6–10–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Doc. AMS–NOP–11–0002; NOP–11–02] 

National Organic Program; Notice of 

Draft Guidance for Accredited 

Certifying Agents and Certified 

Operations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of Availability With 

Request For Comments. 

SUMMARY: The National Organic 

Program (NOP) is announcing the 

availability of four draft guidance 

documents intended for use by 

accredited certifying agents and 

certified operations. The draft guidance 

documents are entitled as follows: ‘‘The 

Use of Kelp in Organic Livestock Feed 

(NOP 5027)’’; ‘‘Responding to Results 

from Pesticide Residue Testing (NOP 

5028)’’; ‘‘Seeds, Annual Seedlings, and 

Planting Stock in Organic Crop 

Production (NOP 5029)’’; and 

‘‘Evaluating Allowed Ingredients and 

Sources of Vitamins and Minerals For 

Organic Livestock Feed, Feed 

Supplements, and Feed Additives (NOP 

5030)’’. 

These draft guidance documents are 

intended to inform the public of NOP’s 

current thinking on these topics. A 

notice of availability of final guidance 

on these topics will be issued upon their 

final approval. Once finalized, these 

guidance documents will be available 

from the NOP through ‘‘The Program 

Handbook: Guidance and Instructions 

for Accredited Certifying Agents (ACAs) 

and Certified Operations. 

DATES: To ensure that NOP considers 

your comment on this draft guidance 

before it begins work on the final 


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Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Proposed Rules 34181 

version of the guidance, submit written 

comments on the draft guidance by 

August 12, 2011. 

ADDRESSES: Submit written requests for 

hard copies of these draft guidance 

documents to Toni Strother, 

Agricultural Marketing Specialist, 

National Organic Program, USDA– 

AMS–NOP, 1400 Independence Ave., 

SW., Room 2646 So., Ag Stop 0268, 

Washington, DC 20250–0268. See the 

SUPPLEMENTARY INFORMATION section for 

electronic access to the draft guidance 

documents. 

Interested persons may comment on 

these four draft guidance documents 

using the following procedures: 

Internet: http://www.regulations.gov. 

Mail: Comments may be submitted by 

mail to: Toni Strother, Agricultural 

Marketing Specialist, National Organic 

Program, USDA–AMS–NOP, 1400 

Independence Ave., SW., Room 2646 

So., Ag Stop 0268, Washington, DC 

20250–0268. 

Written comments responding to this 

request should be identified with the 

document number AMS–NOP–11–0002; 

NOP–11–02. You should clearly 

indicate your position and the reasons 

for your position. You should clearly 

indicate which guidance document you 

are commenting on, especially if you 

choose to comment on more than one 

draft guidance document. If you are 

suggesting changes to a draft guidance 

document, you should include 

recommended language changes, as 

appropriate, along with any relevant 

supporting documentation. 

USDA intends to make available all 

comments, including names and 

addresses when provided, regardless of 

submission procedure used, on http:// 

www.regulations.gov and at USDA, 

AMS, NOP, Room 2646–South building, 

1400 Independence Ave., SW., 

Washington, DC, from 9 a.m. to noon 

and from 1 to 4 p.m., Monday through 

Friday (except official Federal holidays). 

Persons wanting to visit the USDA 

South building to view comments from 

the public to this notice are requested to 

make an appointment by calling (202) 

720–3252. 

FOR FURTHER INFORMATION CONTACT: 

Melissa R. Bailey, PhD, Director, 

Standards Division, National Organic 

Program (NOP), USDA–AMS–NOP, 

1400 Independence Ave., SW., Room 

2646–So., Ag Stop 0268, Washington, 

DC 20250–0268, Telephone: (202) 720– 

3252, E-mail: 

NOP.guidance@ams.usda.gov, or visit 

the NOP Web site at: http:// 

www.ams.usda.gov/nop. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The NOP selected the topics for the 

four draft guidance documents 

announced through this notice in 

response to recommendations issued by 

the National Organic Standards Board 

(NOSB) and the need to improve 

consistency in how certifying agents 

and certified operations are 

implementing the NOP regulations at 7 

CFR part 205. The NOP developed 

‘‘Seeds, Annual Seedlings, and Planting 

Stock in Organic Crop Production (NOP 

5029)’’, and ‘‘Evaluating Allowed 

Ingredients and Sources of Vitamins and 

Minerals For Organic Livestock Feed, 

Feed Supplements, and Feed Additives 

(NOP 5030)’’ in response to outstanding 

NOSB recommendations from May 

2002, February 2005, and November 

2008. The NOP developed ‘‘The Use of 

Kelp in Organic Livestock Feed (NOP 

5027)’’ in response to requests by 

certifying agents and certified 

operations for clarifications on this 

issue. The NOP developed ‘‘Responding 

to Results from Pesticide Residue 

Testing (NOP 5028)’’ to describe the 

reporting scheme and actions that 

certifying agents should be instituting to 

meet the requirements at § 205.670 of 

the NOP regulations. 

II. Significance of Guidance 

These draft guidance documents are 

being issued in accordance with the 

Office of Management and Budget 

(OMB) Bulletin on Agency Good 

Guidance Practices (GGPs) (January 25, 

2007, 72 FR 3432–3440). 

The purpose of GGPs is to ensure that 

program guidance documents are 

developed with adequate public 

participation, are readily available to the 

public, and are not applied as binding 

requirements. The draft guidance, when 

finalized, will represent the NOP’s 

current thinking on these topics. It does 

not create or confer any rights for, or on, 

any person and does not operate to bind 

the NOP or the public. Guidance 

documents are intended to provide a 

uniform method for operations to 

comply that can reduce the burden of 

developing their own methods and 

simplify audits and inspections. 

Alternative approaches that can 

demonstrate compliance with the 

Organic Foods Production Act (OFPA), 

as amended (7 U.S.C. 6501–6522), and 

its implementing regulations are also 

acceptable. As with any alternative 

compliance approach, the NOP strongly 

encourages industry to discuss 

alternative approaches with the NOP 

before implementing them to avoid 

unnecessary or wasteful expenditures of 

resources and to ensure the proposed 

alternative approach complies with the 

Act and its implementing regulations. 

Electronic Access 

Persons with access to Internet may 

obtain the draft guidance at either 

NOP’s Web site at http:// 

www.ams.usda.gov/nop or http:// 

www.regulations.gov. Requests for hard 

copies of the draft guidance documents 

can be obtained by submitting a written 

request to the person listed in the 

ADDRESSES section of this Notice. 

Authority: 7 U.S.C. 6501–6522. 

Dated: June 7, 2011. 

Ellen King, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–14500 Filed 6–10–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 983 

[Doc. No. AMS–FV–10–0099; FV11–983–1 

PR] 

Pistachios Grown in California, 

Arizona, and New Mexico; Proposed 

Amendments to Marketing Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: Four amendments to 

Marketing Agreement and Order No. 

983, which regulates the handling of 

pistachios grown in California, Arizona, 

and New Mexico, were proposed by the 

Administrative Committee for 

Pistachios (Committee), which is 

responsible for local administration of 

the order. The proposed amendments 

would provide authority to establish 

aflatoxin and quality regulations for 

pistachios shipped to export markets, 

including authority to establish different 

regulations for different markets. The 

order currently provides authority for 

aflatoxin and quality regulations only 

for pistachios shipped to domestic 

markets. These proposed amendments 

are intended to provide authority to 

ensure uniform and consistent aflatoxin 

and quality regulations in the domestic 

and various export markets. 

DATES: Comments must be received by 

July 13, 2011. 

ADDRESSES: Written comments should 

be submitted to the Docket Clerk, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 


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