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

54528 

Vol. 75, No. 173 

Wednesday, September 8, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2010–0068] 

Privacy Act of 1974: Implementation of 

Exemptions United States Citizenship 

and Immigration Services–012 

Citizenship and Immigration Data 

Repository System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security (DHS) is giving concurrent 

notice of a newly established system of 

records pursuant to the Privacy Act of 

1974 for the United States Citizenship 

and Immigration Services–012 

Citizenship and Immigration Data 

Repository System of Records 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 October 8, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0068, 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: Donald K. Hawkins (202–272– 

8000), Privacy Officer, U.S. Citizenship 

and Immigration Services, 20 

Massachusetts Avenue, NW., 

Washington, DC 20529; or 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 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 Donald 

K. Hawkins (202–272–8000), Privacy 

Officer, U.S. Citizenship and 

Immigration Services, 20 Massachusetts 

Avenue, NW., Washington, DC 20529; 

for privacy issues please contact Mary 

Ellen Callahan, Chief Privacy Officer, 

Privacy Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

Background: USCIS collects 

personally identifiable information (PII) 

directly from and about immigrants and 

nonimmigrants through applications 

and petitions for the purposes of 

adjudicating and bestowing immigration 

benefits. USCIS maintains a number of 

systems to facilitate these purposes 

including: the Computer Linked 

Application Information Management 

System (CLAIMS 3), CLAIMS 4, the 

Refugees, Asylum, and Parole System 

(RAPS), Asylum Pre-screen System 

(APSS), Re-engineered Naturalization 

Application Casework System (RNACS), 

Central Index System (CIS) and the 

Fraud Detection and National Security 

Data System (FDNS–DS). As part of the 

adjudication process, USCIS personnel 

engage in a number of steps to ensure 

that an individual is eligible for a 

requested benefit. One of these steps is 

the performance of background checks 

to make certain that an individual is not 

attempting to obtain the requested 

benefit by fraudulent means, has not 

committed a Crime Involving Moral 

Turpitude and/or does not pose a public 

safety threat or a threat to national 

security. 

USCIS developed CIDR, hosted on 

DHS classified networks, in order to 

make information from these USCIS 

systems available to authorized USCIS 

personnel for the purposes of: (1) 

Vetting USCIS application information 

for indications of possible immigration 

fraud and national security concerns; (2) 

detecting possible fraud and misuse of 

immigration information or position by 

USCIS employees, for personal gain or 

by coercion; and (3) responding to 

requests for information (RFI) from the 

DHS Office of Intelligence and Analysis 

(I&A) and/or federal intelligence and 

law enforcement community members 

that are based on classified criteria. 

CIDR enables authorized USCIS users to 

more efficiently search multiple USCIS 

systems from a single entry point, the 

results of which will be retained in 

CIDR. CIDR’s position on DHS classified 

networks allows USCIS to securely 

conduct searches based on classified 

parameters and searches based on 

possible fraud and national security 

concerns. 

There are occasions when USICS 

receives RFIs from members of the 

Intelligence Community (IC) and Law 

Enforcement (LE) that are classified. In 

order to assist with classified 

investigatory leads and respond to I&A 

requests, USCIS must conduct searches 

whose parameters are classified on 

unclassified data sets. To facilitate a 

more efficient and secure environment 

in which to conduct these queries and 

to store the results, DHS determined 

that creating mirror copies of its 

unclassified data sets on the classified 

side would be the most appropriate 

solution. CIDR provides the capability 

to properly conduct and protect 

classified searches and maintain 

detailed audit trails of search activities 

and results. Copying unclassified data 

from the unclassified systems to a 

classified site does not render this 

information classified, only the search 

parameters and results. CIDR will 

enable USCIS personnel to perform 

searches of its non classified data sets in 

a classified environment, ensuring that 

the integrity of the classified RFI 

process is maintained. Based on the 

results of the searches performed in 

CIDR, USCIS will produce a response to 

the RFI, which will include the content 

of the RFI, information from CIDR that 

is responsive to the RFI, and any 

necessary explanations to provide 

proper context and interpretations of the 

information provided. These responses 

will contain PII when de-identified or 

statistical data cannot satisfy the RFI. 

These responses will be produced by 

USCIS personnel as separate electronic 

documents and sent to I&A in the same 

manner that the RFI was received; 

usually via e-mail over the classified email network. 

USCIS is proposing to exempt 

classified information in CIDR from 

disclosure to a requestor to preserve the 


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Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Proposed Rules 54529 

integrity of ongoing counterterrorism, 

intelligence, or other homeland security 

activities, pursuant to the Privacy Act. 

5 U.S.C. 552a(k)(1) and (2). 

Consistent with DHS’s information 

sharing mission, information stored in 

CIDR may be shared with other DHS 

components, as well as appropriate 

Federal, State, local, tribal, foreign, or 

international governmental 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. 

In accordance with the Privacy Act of 

1974 the Department of Homeland 

Security proposes to establish a new 

Department of Homeland Security 

(DHS) system of records notice titled 

DHS U.S. Citizenship and Immigration 

Services—012 Citizenship and 

Immigration Data Repository (CIDR). 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States 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. 

Individuals may request their own 

records that are maintained in a system 

of records in the possession or under the 

control of DHS by complying with DHS 

Privacy Act regulations, 6 CFR part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description of the type and character of 

each system of records that the agency 

maintains, and the routine uses that are 

contained in each system in order to 

make agency recordkeeping practices 

transparent, to notify individuals 

regarding the uses to which personally 

identifiable information is put, and to 

assist individuals in finding such files 

within the agency. 

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/USCIS—012 CIDR. Some 

information in DHS/USCIS—012 CIDR 

relates to official DHS national security, 

law enforcement, immigration, and 

intelligence activities. 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 law enforcement, 

immigration, and intelligence processes; 

to avoid disclosure of means and 

methods; to protect the identities and 

physical safety of confidential 

informants and law enforcement 

personnel; to ensure DHS’ ability to 

obtain information from third parties 

and other sources; to protect the privacy 

of third parties; and to safeguard 

classified information. 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/ 

USCIS—012 CIDR 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 

‘‘52’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

52. United States Citizenship and 

Immigration Services—012 Citizenship and 

Immigration Data Repository system of 

records consists of electronic and paper 

records and will be used by USCIS. United 

States Citizenship and Immigration 

Services—012 Citizenship and Immigration 

Data Repository 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. United States Citizenship and 

Immigration Services—012 Citizenship and 

Immigration Data Repository 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. 

Pursuant to 5 U.S.C. 552a(k)(1) and (2), this 

system is exempt from the following 

provisions of the Privacy Act, subject to the 

limitations set forth in those subsections: 

5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 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) (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 the 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 could 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 the 

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 impossible administrative burden 

by requiring investigations to be 

continuously 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 


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54530 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Proposed Rules 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) 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. 

Dated: September 1, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–22307 Filed 9–7–10; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 253 

[FNS–2008–001] 

RIN 0584–AD85 

Food Distribution Program on Indian 

Reservations: Administrative Funding 

Allocations 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes to 

establish the requirements regarding the 

allocation of administrative funds for 

the Food Distribution Program on 

Indian Reservations and the Food 

Distribution Program for Indian 

Households in Oklahoma, both of which 

are referred to as ‘‘FDPIR’’ in this 

rulemaking. The rulemaking would 

propose amendments to FDPIR 

regulations to ensure that administrative 

funding is allocated in a fair and 

equitable manner. The proposed rule 

would also revise FDPIR regulations to 

clarify current program requirements 

relative to the distribution of 

administrative funds to Indian Tribal 

Organizations (ITOs) and State agencies. 

DATES: To be assured of consideration, 

comments must be received on or before 

December 7, 2010. 

ADDRESSES: FNS invites interested 

persons to submit comments on this 

proposed rule. You may submit 

comments, identified by Regulatory 

Identifier Number (RIN) number 0584– 

AD85, by any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Preferred 

method; follow the online instructions 

for submitting comments on ‘‘FNS– 

2008–001.’’ 

• Fax: Submit comments by facsimile 

transmission to Laura Castro at (703) 

305–2420. 

• Mail: Send comments to Laura 

Castro, Branch Chief, Policy Branch, 

Food Distribution Division, Food and 

Nutrition Service, U.S. Department of 

Agriculture, Room 500, 3101 Park 

Center Drive, Alexandria, Virginia 

22302–1594. 

• Hand Delivery or Courier: Deliver 

comments to the above address during 

regular business hours. 

Comments submitted in response to 

this rule will be included in the record 

and will be made available to the 

public. Please be advised that the 

substance of the comments and the 

identity of the individuals or entities 

submitting the comments will be subject 

to public disclosure. FNS will make the 

comments publicly available on the 

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

FOR FURTHER INFORMATION CONTACT: 

Laura Castro at the above address or 

telephone (703) 305–2662. You may also 

contact Dana Rasmussen at (703) 305– 

1628, or via e-mail at 

Dana.Rasmussen@fns.usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Procedural Matters 

III. Background and Discussion of the 

Proposed Rule 

I. Public Comment Procedures 

Your written comments on this 

proposed rule should be specific, 

should be confined to issues pertinent 

to the proposed rule, and should 

explain your reason(s) for any change 

you recommend or proposal(s) you 

oppose. Where possible, you should 

reference the specific section or 

paragraph of the proposal you are 

addressing. Comments received after the 

close of the comment period (see DATES) 

will not be considered or included in 

the Administrative Record for the final 

rule. 

Executive Order 12866 requires each 

agency to write regulations that are 

simple and easy to understand. We 

invite your comments on how to make 

these regulations easier to understand, 

including answers to questions such as 

the following: 

(1) Are the requirements in the rule 

clearly stated? 

(2) Does the rule contain technical 

language or jargon that interferes with 

its clarity? 

(3) Does the format of the rule (e.g., 

grouping and order of sections, use of 

headings, and paragraphs) make it 

clearer or less clear? 

(4) Would the rule be easier to 

understand if it were divided into more 

(but shorter) sections? 

(5) Is the description of the rule in the 

preamble section entitled ‘‘Background 

and Discussion of the Proposed Rule’’ 

helpful in understanding the rule? How 

could this description be more helpful 

in making the rule easier to understand? 

II. Procedural Matters 

In the following discussion and 

regulatory text, the term ‘‘State agency,’’ 

as defined at 7 CFR 253.2, is used to 

include ITOs authorized to operate 

FDPIR in accordance with 7 CFR parts 

253 and 254. 

A. Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Therefore it was not reviewed by the 

Office of Management and Budget 

(OMB). 

B. Title 5, United States Code 601–612, 

‘‘Regulatory Flexibility Act’’ 

This proposed rule has been reviewed 

with regard to the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612). It has been certified that this 

action will not have a significant impact 

on a substantial number of small 

entities. While State agencies that 

administer FDPIR will be affected by 

this rulemaking, the economic effect 

will not be significant. 

C. Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act of 1995’’ (UMRA) 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under Section 202 of the UMRA, 

FNS generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with Federal mandates that may result 

in expenditures to State, local, or Tribal 

governments, in the aggregate, or to the 

private sector, of $100 million or more 

in any one year. When such a statement 

is needed for a rule, Section 205 of the 

UMRA generally requires FNS to 

identify and consider a reasonable 

number of regulatory alternatives and 

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srobinson on DSKHWCL6B1PROD with PROPOSALS