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

12745 

Vol. 89, No. 34 

Tuesday, February 20, 2024 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 390 

[Docket Number FSIS–2019–0012] 

RIN 0583–AD82 

Privacy Act Exemption for 

AssuranceNet 

AGENCY: Food Safety and Inspection 

Service (FSIS), U.S. Department of 

Agriculture (USDA). 

ACTION: Final rule. 

SUMMARY: FSIS is amending its 

regulations to exempt certain records 

maintained by its AssuranceNet (ANet) 

system of records from the notification 

and access provisions of the Privacy Act 

of 1974 (Privacy Act). FSIS is taking this 

action because ANet contains 

information directly associated with 

investigations conducted by FSIS for 

law enforcement purposes. 

DATES: Effective date: April 22, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Neris, AssuranceNet System 

Owner/Manager, Litigation and 

Enforcement Programs Staff, Office of 

Investigation, Enforcement and Audit; 

Telephone (202) 550–3562. 

For Privacy Questions: Timothy Poe, 

Government Information Specialist/ 

Mission Area Privacy Officer, Freedom 

of Information Act Staff, Office of Public 

Affairs and Consumer Education; 

Telephone (202) 937–4207. 

SUPPLEMENTARY INFORMATION: FSIS is the 

public health regulatory agency in the 

USDA that is responsible for ensuring 

that the nation’s commercial supply of 

meat, poultry, and egg products is safe, 

wholesome, and accurately labeled. 

FSIS uses ANet, a management control 

and performance monitoring system that 

gathers information from electronic and 

paper-based sources, to track, measure, 

and monitor the performance of its and 

its state partners’ critical public health 

functions and to alert FSIS management 

to areas of vulnerability or concern. 

ANet tracks, measures, and monitors the 

performance of the key public health 

functions of inspection, verification, 

surveillance, enforcement, and sampling 

by FSIS and state meat and poultry 

inspection program employees. The data 

and tools of ANet are used to analyze 

the effectiveness of policies and 

procedures in meeting public health 

goals and objectives and to help ensure 

that methods, evaluations, and 

enforcement are standardized and 

traceable nationwide. The Agency also 

uses data analysis in and through ANet 

to discern trends; to develop objectives 

for regulatory food safety functions; to 

identify and focus on areas of high-risk; 

and to help determine strategies to 

combat threats to food safety and 

defense. 

On March 22, 2022, FSIS published a 

system of records notice (SORN) for 

USDA/FSIS–0005, ANet (87 FR 16163). 

In the same Federal Register, FSIS 

published a proposed rule to exempt 

certain investigatory records maintained 

by the ANet system of records from the 

notification and access provisions of the 

Privacy Act under 5 U.S.C. 552a(c)(3), 

(d)(1)–(4), (e)(1) (e)(4)(G)–(I), and (f) (87 

FR 16105). FSIS explained in the 

proposed rule that ANet includes 

investigatory material compiled for law 

enforcement, which fall under the 

Privacy Act exemptions in 5 U.S.C. 

552a(k). FSIS also explained that the 

proposed exemptions were necessary to 

protect information on the methods 

used in law enforcement activities from 

those individuals who are subjects to 

the investigation and the identities and 

physical safety of witnesses and others 

who aid in investigations. Moreover, 

FSIS explained that the exemptions 

would ensure FSIS’ ability to obtain 

information from third parties and 

safeguard those investigatory records 

that are needed for litigation (87 FR 

16105–16106). 

The comment period for the proposed 

rule ended on April 21, 2022. After 

carefully considering the comments, 

discussed below, FSIS is finalizing the 

proposal without changes. 

Summary of Comments and Responses 

FSIS received two comments from 

individuals on the proposed rule. 

Comment: One commenter asked if 

the exempted information in ANet will 

be made available once the investigation 

has ended. 

Response: Investigative and law 

enforcement information in ANet may 

still be exempted from release after an 

investigation has concluded, because it 

may provide information on 

investigative methods and techniques, 

allow violators to revise their methods 

to go undetected to circumvent the law, 

or disclose confidential informants or 

sources. Whether certain information 

may be releasable after an investigation 

has ended will be addressed on a caseby-case basis, consistent with the 

Privacy Act and the Freedom of 

Information Act (5 U.S.C. 552). 

Comment: The other commenter 

argued that FSIS should withdraw the 

proposal because the Agency did not 

define ‘‘SORN’’ in the proposed rule. 

Response: FSIS is not withdrawing 

the proposal. On page 16105 of the 

proposed rule (87 FR 16105), the 

Agency explained that a SORN is a 

system of records notice that informs 

the public of the existence of a system 

of records and describes the type of 

information collected, why it is being 

collected, what it may be used for, when 

it may be disclosed to third parties, how 

it will be safeguarded, and how and 

when it will be destroyed. 

Executive Orders 12866, as Amended 

by 14094, and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This final rule has been 

designated as a ‘‘non-significant’’ 

regulatory action under section 3(f) of 

E.O. 12866. Accordingly, the rule has 

not been reviewed by the Office of 

Management and Budget (OMB) under 

E.O. 12866. While this final rule may 

benefit law enforcement efforts, FSIS 

does not anticipate quantifiable costs or 

benefits accruing from this rule. 

Regulatory Flexibility Act 

The FSIS Administrator certifies that, 

for the purposes of the Regulatory 

Flexibility Act (5 U.S.C. et seq.), this 

final rule will not have a significant 


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12746 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Rules and Regulations 

economic impact on a substantial 

number of small entities in the United 

States. This final rule is not expected to 

increase costs to industry. 

Paperwork Reduction Act 

There are no new paperwork or 

recordkeeping requirements associated 

with this final rule under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Executive Order 12988, Civil Justice 

Reform 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under this rule: (1) All 

State and local laws and regulations that 

are inconsistent with this rule will be 

preempted; (2) no retroactive effect will 

be given to this rule; and (3) no 

administrative proceedings will be 

required before parties may file suit in 

court challenging this rule. 

Environmental Impact 

Each USDA agency is required to 

comply with 7 CFR part 1b of the 

Departmental regulations, which 

supplements the National 

Environmental Policy Act regulations 

published by the Council on 

Environmental Quality. Under these 

regulations, actions of certain USDA 

agencies and agency units are 

categorically excluded from the 

preparation of an Environmental 

Assessment (EA) or an Environmental 

Impact Statement (EIS) unless the 

agency head determines that an action 

may have a significant environmental 

effect (7 CFR 1b.4(b)). FSIS is among the 

agencies categorically excluded from the 

preparation of an EA or EIS (7 CFR 

1b.4(b)(6)). 

FSIS has determined that this final 

rule, which exempts certain records 

maintained by its ANet system of 

records from the notification and access 

provisions of the Privacy Act, will not 

create any extraordinary circumstances 

that will result in this normally 

excluded action having a significant 

effect on the human environment. 

Therefore, this action is appropriately 

subject to the categorical exclusion for 

FSIS programs and activities under 7 

CFR 1b.4. 

E-Government Act 

FSIS and the USDA are committed to 

achieving the purposes of the EGovernment Act (44 U.S.C. 3601 et seq.) 

by, among other things, promoting the 

use of the internet and other 

information technologies and providing 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, FSIS will 

announce this Federal Register 

publication online through the FSIS 

web page located at: https://

www.fsis.usda.gov/federal-register. 

FSIS also will make copies of this 

publication available through the FSIS 

Constituent Update, which is used to 

provide information regarding FSIS 

policies, procedures, regulations, 

Federal Register notices, FSIS public 

meetings, and other types of information 

that could affect or would be of interest 

to our constituents and stakeholders. 

The Constituent Update is available on 

the FSIS web page. Through the web 

page, FSIS can provide information to a 

much broader, more diverse audience. 

In addition, FSIS offers an email 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at: 

https://www.fsis.usda.gov/subscribe. 

Options range from recalls to export 

information, regulations, directives, and 

notices. Customers can add or delete 

subscriptions themselves and have the 

option to password protect their 

accounts. 

Executive Order 13175 

This rule has been reviewed in 

accordance with the requirements of 

E.O. 13175, ‘‘Consultation and 

Coordination with Indian Tribal 

Governments.’’ E.O. 13175 requires 

Federal agencies to consult and 

coordinate with tribes on a governmentto-government basis on policies that 

have tribal implications, including 

regulations, legislative comments or 

proposed legislation, and other policy 

statements or actions that have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

FSIS has assessed the impact of this 

rule on Indian tribes and determined 

that this rule does not, to our 

knowledge, have tribal implications that 

require tribal consultation under E.O. 

13175. If a tribe requests consultation, 

FSIS will work with the Office of Tribal 

Relations to ensure meaningful 

consultation is provided where changes, 

additions, and modifications identified 

herein are not expressly mandated by 

Congress. 

USDA Non-Discrimination Statement 

In accordance with Federal civil 

rights law and USDA civil rights 

regulations and policies, USDA, its 

Mission Areas, agencies, staff offices, 

employees, and institutions 

participating in or administering USDA 

programs are prohibited from 

discriminating based on race, color, 

national origin, religion, sex, gender 

identity (including gender expression), 

sexual orientation, disability, age, 

marital status, family/parental status, 

income derived from a public assistance 

program, political beliefs, or reprisal or 

retaliation for prior civil rights activity, 

in any program or activity conducted or 

funded by USDA (not all bases apply to 

all programs). Remedies and complaint 

filing deadlines vary by program or 

incident. 

Program information may be made 

available in languages other than 

English. Persons with disabilities who 

require alternative means of 

communication to obtain program 

information (e.g., Braille, large print, 

audiotape, American Sign Language) 

should contact the responsible Mission 

Area, agency, or staff office; the USDA 

TARGET Center at (202) 720–2600 

(voice and TTY); or the Federal Relay 

Service at (800) 877–8339. 

To file a program discrimination 

complaint, a complainant should 

complete a Form, AD–3027, USDA 

Program Discrimination Complaint 

Form, which can be obtained online at 

https://www.usda.gov/forms/electronicforms, from any USDA office, by calling 

(866) 632–9992, or by writing a letter 

addressed to USDA. The letter must 

contain the complainant’s name, 

address, telephone number, and a 

written description of the alleged 

discriminatory action in sufficient detail 

to inform the Assistant Secretary for 

Civil Rights about the nature and date 

of an alleged civil rights violation. The 

completed AD–3027 form or letter must 

be submitted to USDA by: (1) Mail: U.S. 

Department of Agriculture, Office of the 

Assistant Secretary for Civil Rights, 

1400 Independence Avenue SW, 

Washington, DC 20250–9410; (2) Fax: 

(833) 256–1665 or (202) 690–7442; or (3) 

Email: program.intake@usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

List of Subjects in 9 CFR Part 390 

Freedom of information, Privacy. 

For the reasons stated in the 

preamble, FSIS amends 9 CFR part 390 

as follows: 

PART 390—FREEDOM OF 

INFORMATION AND PUBLIC 

INFORMATION 

■ 1. The authority citation for part 390 

is revised to read as follows: 


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Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Rules and Regulations 12747 

Authority: 5 U.S.C. 301, 552, 552a; 21 

U.S.C. 451–472, 601–695; 7 CFR 1.3, 2.7. 

■ 2. Add § 390.11 to read as follows: 

§ 390.11 FSIS systems of records exempt 

from the Privacy Act. 

(a) USDA/FSIS–0005, AssuranceNet 

system of records, is exempt from 

subsections (c)(3), (d)(1)–(4), (e)(1), 

(e)(4)(G)–(I), and (f) of the Privacy Act, 

5 U.S.C. 552a, to the extent it contains 

investigatory material compiled for law 

enforcement purposes in accordance 

with 5 U.S.C. 552a(k)(2). Exemptions 

from the particular subsections are 

justified for the following reasons: 

(1) From subsection (c)(3) because the 

release of the disclosure accounting 

would permit the subject of an 

investigation to obtain valuable 

information concerning the nature of 

that investigation. This would permit 

record subjects to impede the 

investigation, e.g., destroy evidence, 

intimidate potential witnesses, or flee 

the area to avoid inquiries or 

apprehension by law enforcement 

personnel. 

(2) From subsection (d)(1) because the 

records contained in this system relate 

to official Federal investigations and 

matters of law enforcement. Individual 

access to these records might 

compromise ongoing or impending 

investigations, reveal confidential 

informants, or constitute unwarranted 

invasions of the personal privacy of 

third parties who are involved in a 

certain investigation. 

(3) From section (d)(2) because 

amendment of the records would 

interfere with ongoing law enforcement 

proceedings and impose an impossible 

administrative burden by requiring 

investigations to be continuously 

reinvestigated. 

(4) From subsections (d)(3) and (4) 

because these subsections are 

inapplicable to the extent exemption is 

claimed from subsections (d)(1) and (2). 

(5) From subsection (e)(1) because it 

is often impossible to determine in 

advance if investigatory information 

contained in this system is accurate, 

relevant, timely and complete, but, in 

the interests of effective law 

enforcement, it is necessary to retain 

this information to aid in establishing 

patterns of activity and provide 

investigative leads. Moreover, it would 

impede the specific investigative 

process if it were necessary to assure the 

relevance, accuracy, timeliness, and 

completeness of all information 

obtained. 

(6) From subsections (e)(4)(G) and (H) 

since an exemption being claimed for 

subsection (d) makes these subsections 

inapplicable. 

(7) From subsection (e)(4)(I) because 

the categories of sources of the records 

in this system have been published in 

the Federal Register in broad generic 

terms in the belief that this is all that 

subsection (e)(4)(I) requires. In the 

event, however, that subsection (e)(4)(I) 

should be interpreted to require more 

detail as to the identity of sources of the 

records in the system, exemption from 

this provision is necessary in order to 

protect the confidentiality of the sources 

of enforcement information and of 

witnesses and informants. 

(8) From subsection (f) to the extent 

that the system is exempt from other 

specific subsections of the Privacy Act. 

(b) [Reserved] 

Done in Washington, DC. 

Theresa Nintemann, 

Deputy Administrator. 

[FR Doc. 2024–03343 Filed 2–16–24; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0145] 

RIN 1625–AA00 

Safety Zone; Laguna Madre, South 

Padre Island, TX 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters in the Laguna 

Madre. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by a firework display 

launched from a stationary barge in the 

Laguna Madre, South Padre Island, 

Texas. Entry of vessels or persons into 

this zone or remaining in the zone when 

it is in effect is prohibited unless 

specifically authorized by the Captain of 

the Port, Sector Corpus Christi or a 

designated representative. 

DATES: This rule is effective from 6 p.m. 

on February 14, 2024 through 1 a.m. on 

February 15, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0145 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Commander 

Anthony Garofalo, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email CCWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port, Sector Corpus 

Christi 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. We must establish this 

safety zone to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the 

fireworks display, and we lack sufficient 

time to provide a reasonable comment 

period and consider any comments 

submitted before issuing the rule. 

Under 5 U.S.C. 553(d)(3), and for the 

same reason provided above, the Coast 

Guard finds that good cause also exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port, Sector Corpus 

Christi (COTP) has determined that 

potential hazards associated with the 

fireworks displays occurring from 6 

p.m. on February 14, 2024 through 1 

a.m. on February 15, 2024 will be a 

safety concern for anyone in the waters 

of the Laguna Madre area within a 700 

yard radius of the following point; 

26°6′5.05′′ N, 97°10′12.46′′ W. The 

purpose of this rule is to ensure safety 

of vessels and persons on these 

navigable waters in the safety zone 

while the display of the fireworks takes 

place in the Laguna Madre. 


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