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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Rules and Regulations]
[Pages 1847-1848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00334]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 

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Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules 
and Regulations

[[Page 1847]]

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1

[Docket No. APHIS-2015-0008]
RIN 0579-AE68

Privacy Act Regulations

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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SUMMARY: The U.S. Department of Agriculture (USDA) is amending its 
Privacy Act regulations to exempt a system of records, Smuggling 
Interdiction and Trade Compliance (SITC) National Information 
Communication Activity System (SNICAS), USDA/APHIS-21, from certain 
provisions of the Privacy Act. USDA is further amending its Privacy Act 
regulations to reflect an administrative change to the list of system 
of records that are exempt from certain provisions of the Privacy Act.

DATES: Effective on February 10, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Tonya Woods, Director, Freedom of 
Information Act and Privacy Act Staff, 4700 River Road, Unit 50, 
Riverdale, MD 20737; (301) 851-4076.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended, 5 
U.S.C. 552a, governs the means by which an agency collects, maintains, 
uses, and disseminates information about individuals that is maintained 
in a ``system of records.'' A system of records is any group of records 
under the control of an agency from which information about an 
individual is retrieved by the name, identifying number, symbol, or 
other identifying particular assigned to the individual. The Privacy 
Act generally grants individuals the right to access Privacy Act 
records maintained by an agency about themselves, as well as the right 
to request amendment of those records if they are not accurate, 
relevant, timely, or complete. The Privacy Act also allows the head of 
a Federal agency to promulgate rules to exempt a system of records from 
certain provisions of the Privacy Act, if the system of records 
contains ``investigatory material compiled for law enforcement 
purposes, other than material within the scope of [5 U.S.C. 
552a(j)(2)]: Provided, however, that if any individual is denied a 
right, privilege, or benefit that he would otherwise be entitled by 
Federal law, or for which he would otherwise be eligible, as a result 
of the maintenance of such material, such material shall be provided to 
such individual, except to the extent that the disclosure of such 
material would reveal the identity of a source who furnished 
information to the Government under an express promise that the 
identity of the source would be held in confidence, or, prior to the 
effective date of this section [September 27, 1975], under an implied 
promise that the identity of the source would be held in confidence.'' 
5 U.S.C. 552a(k)(2).
    The U.S. Department of Agriculture's (USDA's) Animal and Plant 
Health Inspection Service (APHIS) published a proposed rule in the 
Federal Register on July 11, 2022 (87 FR 41077-41078, Docket No. APHIS-
2015-0008) \1\ to exempt a system of records, Smuggling Interdiction 
and Trade Compliance (SITC) National Information Communication Activity 
System (SNICAS), USDA/APHIS-21, from certain provisions of the Privacy 
Act in order to avoid interference with law enforcement functions.\2\
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    \1\ To view the proposed rule, go to www.regulations.gov, and 
enter APHIS-2015-0008 in the Search field.
    \2\ To view the SNICAS notice associated with the proposed rule 
and this final rule, go to www.regulations.gov and enter APHIS-2014-
0062 in the Search field.
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    We also proposed to update the list of systems exempt from certain 
provisions of the Privacy Act in accordance with 5 U.S.C. 552a(k)(2) to 
reflect administrative changes as a result of a notice published in the 
Federal Register on November 16, 2001 (66 FR 57698-57700, Docket No. 
99-024-1), announcing that USDA combined three system of records (Plant 
Protection and Quarantine Program--Regulatory Actions, USDA/APHIS-1; 
Veterinary Services Programs--Animal Quarantine Regulatory Actions, 
USDA/APHIS-3; and Veterinary Services Programs--Animal Welfare and 
Horse Protection Regulatory Actions, USDA/APHIS-4) into one system of 
record: Investigative and Enforcement Records Regarding Regulatory 
Activities, USDA/APHIS-1. The reason for combining the system of 
records was to bring all records concerning investigation and 
enforcement together. However, USDA's Privacy Act regulations were not 
amended to reflect this consolidation, which we proposed to rectify in 
the proposed rule.
    We solicited comments on the proposed rule for 30 days ending 
August 10, 2022. We received no comments by that date. Therefore, for 
the reasons given in the proposed rule, we are adopting the proposed 
rule as a final rule without change.

Executive Orders 12866 and Regulatory Flexibility Act

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. This 
final rule would not impose a requirement for small businesses to 
report or keep records as a result of any of the provisions contained 
in this rulemaking. The exemptions to the Privacy Act apply to 
individuals, not to entities covered under the Regulatory Flexibility 
Act.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this final rule is adopted: (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) administrative proceedings will not be required before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    This final rule contains no new information collection requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

[[Page 1848]]

List of Subjects in 7 CFR Part 1

    Administrative practice and procedure, Agriculture, Antitrust, 
Blind, Claims, Concessions, Cooperatives, Equal access to justice, 
Federal buildings and facilities, Freedom of information, Lawyers, 
Privacy.

    Accordingly, we are amending 7 CFR part 1 as follows:

PART 1--ADMINISTRATIVE REGULATIONS

Subpart G--Privacy Act Regulations

0
1. The authority citation for part 1, subpart G, continues to read as 
follows:

    Authority:  5 U.S.C. 301 and 552a; 31 U.S.C. 9701.

0
2. Section 1.123 is amended by revising the entries under the heading 
``Animal and Plant Health Inspection Service'' to read as follows:

Sec.  1.123  Specific exemptions.

* * * * *

Animal and Plant Health Inspection Service

    Investigative and Enforcement Records Regarding Regulatory 
Activities, USDA/APHIS-1.
    Veterinary Services Programs--Records of Accredited Veterinarians, 
USDA/APHIS-2.
    Smuggling Interdiction and Trade Compliance (SITC) National 
Information Communication Activity System (SNICAS), USDA/APHIS-21.
* * * * *

    Done in Washington, DC, this 12th day of December 2024.
Gary Washington,
Chief Information Officer, U.S. Department of Agriculture.
[FR Doc. 2025-00334 Filed 1-8-25; 8:45 am]
BILLING CODE 3410-34-P
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