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

34177 

Vol. 76, No. 113 

Monday, June 13, 2011 

DEPARTMENT OF LABOR 

5 CFR Chapter XLII 

20 CFR Chapters IV, V, VI, VII, and IX 

29 CFR Subtitle A and Chapters II, IV, 

V, VII, and XXV 

30 CFR Chapter I 

41 CFR Chapters 50, 60, and 61 

48 CFR Chapter 29 

Reducing Regulatory Burden; 

Retrospective Review Under E.O. 

13563 

AGENCY: Office of the Secretary, Labor. 

ACTION: Request for Information. 

SUMMARY: In response to the President’s 

Executive Order 13563 on improving 

regulation and regulatory review, the 

Department of Labor (DOL or the 

Department) prepared a preliminary 

plan to review its existing significant 

regulations. The purpose of this notice 

is to invite public comment on the 

Department’s preliminary plan. 

DATES: Comments must be received on 

or before 11:59 p.m. (EDST) on July 1, 

2011. 

ADDRESSES: You may submit comments 

through the Department’s Regulations 

Portal at http://dolregs.ideascale.com. 

All comments will be available for 

public inspection at http:// 

dolregs.ideascale.com. 

FOR FURTHER INFORMATION CONTACT: e. 

christi cunningham, Associate Assistant 

Secretary for Regulatory Affairs, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Room S–2312, 

Washington, DC 20210, 

cunningham.christi@dol.gov, (202) 693– 

5959 (this is not a toll-free number). 

Individuals with hearing impairments 

may call 1–800–877–8339 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: On 

January 18, 2011, President Obama 

issued Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review.’’ The Order explains the 

Administration’s goal of creating a 

regulatory system that protects ‘‘public 

health, welfare, safety, and our 

environment while promoting economic 

growth, innovation, competitiveness, 

and job creation’’ while using ‘‘the best, 

most innovative, and least burdensome 

tools to achieve regulatory ends.’’ The 

Executive Order requires agencies to 

develop and submit a preliminary plan 

within 120 days from the January 18 

issuance date that explains how each 

agency will review existing significant 

regulations to identify whether any 

regulations may be made more effective 

or less burdensome. 

On May 26, 2011, the Department 

published its preliminary plan (http:// 

www.whitehouse.gov/21stcenturygov/ 

actions/21st-century-regulatory-system). 

To ensure that the plan meets the 

objectives of the Executive Order and to 

benefit from the expertise of the 

Department’s regulated communities, 

academia and the public, the 

Department is now requesting public 

comments on the preliminary plan. 

To facilitate receipt of public 

comments, the Department has 

established an Internet portal 

specifically designed to capture your 

input and suggestions, http:// 

dolregs.ideascale.com. By visiting the 

portal, you can review the Department’s 

preliminary plan; provide input; and 

review suggestions and comments 

submitted by other interested parties. 

The Department is specifically seeking 

comments in the following areas: 

• Rules currently under consideration 

for retrospective analysis. 

• Development of a strong, ongoing 

culture of retrospective analysis and 

strengthening internal review expertise. 

• Factors and processes that will be 

used in setting priorities. 

• Plans for retrospective analysis, 

revisiting and revising rules and 

coordinating with other Federal 

agencies. 

• Metrics used to evaluate 

regulations, ensuring availability of data 

and incorporation of experimental 

design. 

The portal will be open to receive 

comments from June 2, 2011 through 

July 1, 2011. 

When providing input, the 

Department requests that commenters 

provide as much detail as possible and 

provide empirical evidence and data to 

support responses, whenever possible. 

The Department will consider public 

comments as it finalizes its plan for 

Retrospective Analysis of Existing 

Rules. The Department is issuing this 

request solely to seek useful information 

as it develops its review plan. While 

responses to this request do not bind the 

Department to any further actions 

related to the response, all submissions 

will be made available to the public on 

http://dolregs.ideascale.com. 

Authority: E.O. 13653, 76 FR 3821, Jan. 21, 

2011; E.O. 12866, 58 FR 51735, Oct. 4, 1993. 

Dated: June 7, 2011. 

e. christi cunningham, 

Associate Assistant Secretary for Regulatory 

Affairs. 

[FR Doc. 2011–14585 Filed 6–10–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0047] 

Privacy Act of 1974: Implementation of 

Exemptions; U.S. Citizenship and 

Immigration Services, Immigration and 

Customs Enforcement, Customs and 

Border Protection—001 Alien File, 

Index, and National File Tracking 

System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security is giving concurrent notice of 

an updated system of records pursuant 

to the Privacy Act of 1974 for the 

Department of Homeland Security 

United States Citizenship and 

Immigration Services, Immigration and 

Customs Enforcement, and Customs and 

Border Protection—001 Alien File, 

Index, and National File Tracking 

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. The legacy final rule (28 

CFR 16.99) exempting the Immigration 

and Naturalization Service A–File and 

Central Index System, JUSTICE/INS– 


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34178 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Proposed Rules 

001A legacy system of records from 

certain portions of the Privacy Act 

remains in effect until publication of a 

final rule for this system by the 

Department. 

DATES: Comments must be received on 

or before July 13, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2011–0047, 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 Donald 

K. Hawkins, Privacy Officer, U.S. 

Citizenship and Immigration Services, 

20 Massachusetts Ave., 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: 

I. Background 

The Department of Homeland 

Security (DHS) implements U.S. 

immigration law and policy through the 

U.S. Citizenship and Immigration 

Service’s (USCIS) processing and 

adjudication of applications and 

petitions submitted for citizenship, 

asylum, and other immigration benefits. 

USCIS also supports national security 

by preventing individuals from 

fraudulently obtaining immigration 

benefits and by denying applications 

from individuals who pose national 

security or public safety threats. U.S. 

immigration policy and law is also 

implemented through U.S. Immigration 

and Customs Enforcement’s (ICE) law 

enforcement activities and U.S. Customs 

and Border Protection’s (CBP) 

inspection and border protection 

processes. 

The Alien File (A–File), Index, and 

National File Tracking System of 

Records is the official record system that 

contains information regarding 

transactions involving an individual as 

he/she passes through the U.S. 

immigration and inspection process. 

The DHS/USCIS–ICE–CBP—001 Alien 

File, Index, and National File Tracking 

System of Records contains personally 

identifiable information (PII) such as the 

individual’s name, Alien Registration 

Number (A–Number), receipt number, 

date and place of birth, date and port of 

entry, as well as the location of each 

official A–File. It may also contain other 

personal identifiers such as an 

individual’s social security number. 

Some records contained in the DHS/ 

USCIS–ICE–CBP—001 Alien File, Index, 

and National File Tracking System of 

Records are derived from separate 

systems of record, in which case the 

system of records notice pertaining to 

the originating system would govern the 

treatment of those records. Previously, 

the legacy agency Immigration and 

Naturalization Services (INS) collected 

and maintained information concerning 

all of these immigration and inspection 

interactions. Since the formation of 

DHS, however, immigration 

responsibilities have been divided 

among USCIS, ICE, and CBP. While 

USCIS is the custodian of the A–File, all 

three components create and use A– 

Files. 

A notice detailing this system of 

records was last published in the 

Federal Register on January 16, 2007, as 

the DHS/USCIS–001 Alien File and 

Central Index System (CIS), (72 FR 

1755). 

DHS is updating the DHS/USCIS–001 

Alien File and Central Index System of 

Records to be renamed DHS/USCIS– 

ICE–CBP—001 Alien File, Index, and 

National File Tracking System of 

Records to include the following 

substantive changes: (1) The addition of 

thirteen routine uses and updates to 

other routine uses to allow DHS to share 

information from the system; (2) an 

update to the classification level of the 

system and to provide notice that the 

system may contain classified records; 

and (3) a proposed exemption from 

certain provisions of the Privacy Act for 

records that are classified. 

DHS is renaming this system in order 

to provide a better description of the 

types of records that are maintained in 

this system of records. These records 

may be maintained in paper or 

electronic format, but the uses and 

protections outlined in the notice do not 

change because of the format or the 

specific IT system in which they are 

maintained. DHS has provided more 

explicit notice on the specific IT 

systems where these types of records 

may exist under ‘‘Location.’’ 

Routine Use changes (the letter in 

parentheses corresponds to the Routine 

Use): DHS has added thirteen new 

routine uses and modified others in 

order to allow DHS to release system 

information: 

(A) Updated: To include DHS as an 

additional party for litigation in the 

release of information to the Department 

of Justice (DOJ); 

(D) New: To an agency, organization, 

or individuals for the purpose of 

performing audits or oversight as 

authorized by law; 

(F) Updated: To include interns and 

students working on assignments for 

DHS; 

(I) New: To courts for immigration, 

civil, or criminal proceedings; 

(K) New: To DOJ or other Federal 

agencies when conducting litigation to 

assist in development of the agency’s 

legal and/or policy position; 

(L) Updated: To include sharing with 

international organizations about an 

alien or an enforcement operation with 

transnational implications; 

(P) New: To a government 

organization in regards to hiring or 

retention of an individual where failure 

to disclose information on an individual 

is likely to create a security risk; 

(Q) Updated: Rewritten to provide 

better clarification on when information 

is released to current or prospective 

employers; 

(T) New: To Congress during the 

private immigration relief legislation 

process; 

(U) Updated: To government agencies 

to assist in the collection of debts; 

(V) Updated: To third parties posting 

immigration bonds; 

(BB) New: To third parties when an 

individual will be released from DHS 

custody to assist with arranging housing 

or medical care; 

(CC) New: To domestic government 

agencies when an individual will be 

released from DHS custody and there 

are concerns related to health and 

safety; 

(DD) New: To foreign governments to 

coordinate removal of individuals; 

(EE) New: To law enforcement 

agencies for de-conflicting 

investigations and other coordination of 

law enforcement activities; 

(FF) New: To custodial agencies to 

place an immigration detainer on an 


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Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Proposed Rules 34179 

individual or to facilitate the transfer of 

custody of the individual from DHS to 

that agency; 

(GG) New: To government agencies to 

confirm the location, custodial status, 

removal or voluntary departure of an 

alien in order to facilitate the custody, 

care and/or legal rights of the 

individual’s minor children; 

(HH) New: To government agencies to 

assist in making determinations of 

redress; 

(II) New: To share information from 

the system on a case-by-case basis with 

the news media or public. 

The latter sharing, to the news media 

or public, would be done only with the 

approval of the DHS Chief Privacy 

Officer, who will weigh the public 

interest in receiving the information 

against the privacy interests of the 

individual to whom the information 

pertains, when the disclosure is 

necessary to preserve confidence in the 

integrity of DHS or demonstrate the 

accountability of DHS personnel. 

Classification level: DHS has updated 

the SORN to indicate that both 

classified and unclassified information 

may be maintained in the A–File, as 

such DHS is providing a concurrent 

notice of proposed rulemaking pursuant 

to the Privacy Act of 1974 for the DHS/ 

USCIS–ICE–CBP—001 Alien File, Index, 

and National File Tracking System of 

Records to include an exemption for 

classified information in addition to the 

existing law enforcement information 

exemption. The proposed rule extends 

the Privacy Act exemption to classified 

information and then re-publishes the 

existing exemptions claimed for the 

legacy JUSTICE/INS–001A A-File and 

CIS, (66 FR 46812). Generally, USCIS, 

ICE, and CBP are not the originators of 

the classified materials maintained in 

some A-Files. DHS, therefore, would 

rely upon the Privacy Act exemptions 

claimed by the system of records from 

which the classified material originated. 

By issuing this particular exemption, 

DHS is providing further transparency 

about the existence of classified material 

in this system of records. All of the 

exemptions DHS is proposing are 

standard law enforcement and national 

security exemptions exercised by a large 

number of Federal law enforcement and 

intelligence agencies. Until DHS 

publishes a final rule exempting the 

system from certain portions of the 

Privacy Act, the legacy final rule 

exempting the JUSTICE/INS–001A AFile and CIS, (66 FR 46812) legacy 

system of records from certain portions 

of the Privacy Act remains in effect for 

this system of records. 

Pursuant to Public Law 107–296, 

Homeland Security Act of 2002, Section 

804 Savings Provisions, and by 

reference 28 CFR Appendix C to part 16, 

subpart E, pertaining to the INS A-File 

and CIS, JUSTICE/INS–001A (66 FR 

46812) system of records notice, the 

records and information in this system 

are exempt from 5 U.S.C. 552a (c)(3) and 

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

(H), (e)(5) and (8), and (g) of the Privacy 

Act. These exemptions apply only to the 

extent that records in the system are 

subject to exemption pursuant to 5 

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

Administrative changes: In addition 

to the above mentioned substantive 

changes to this system of records notice, 

DHS has updated the categories of 

individuals and categories of records so 

that they are more clearly defined. 

Consistent with DHS’s statutory 

information sharing mission, 

information stored in the DHS/USCIS– 

ICE–CBP—001 Alien File, Index, and 

National File Tracking System of 

Records may be shared with other DHS 

components, as well as appropriate 

Federal, state, local, Tribal, foreign, or 

international government agencies. This 

sharing will take place only 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 purposes 

of this system of records and the routine 

uses set forth in this system of records 

notice. 

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/USCIS–ICE–CBP—001 Alien 

File, Index, and National File Tracking 

System of Records. Some information in 

DHS/USCIS–ICE–CBP—001 Alien File, 

Index, and National File Tracking 

System of Records 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 these processes; to avoid 

disclosure of activity techniques; 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 System of Records Notice for DHS/ 

USCIS–ICE–CBP—001 Alien File, Index, 

and National File Tracking 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 

‘‘55’’: 


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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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