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

49490 

Vol. 86, No. 169 

Friday, September 3, 2021 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2021–0029] 

Privacy Act of 1974: Implementation of 

Exemptions; U.S. Department of 

Homeland Security/Office of the 

Immigration Detention Ombudsman– 

001 Office of the Immigration Detention 

Ombudsman System of Records 

AGENCY: Office of the Immigration 

Detention Ombudsman, U.S. 

Department of Homeland Security. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. 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 ‘‘DHS/Office 

of the Immigration Detention 

Ombudsman (OIDO)–001 Office of the 

Immigration Detention Ombudsman 

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 4, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2021–0029, by one of the following 

methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Lynn Parker Dupree, Chief 

Privacy Officer, Privacy Office, U.S. 

Department of Homeland Security, 

Washington, DC 20528. 

Instructions: All submissions received 

must include the agency name and 

docket number for this document. 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 and privacy questions, please 

contact: Lynn Parker Dupree, (202) 343– 

1717, Privacy@hq.dhs.gov, Chief Privacy 

Officer, Privacy Office, U.S. Department 

of Homeland Security, Washington, DC 

20528–0655. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The U.S. Department of Homeland 

Security (DHS) Office of the 

Immigration Detention Ombudsman 

(OIDO) is giving notice that it proposes 

to establish a new DHS system of 

records notice (SORN) titled, ‘‘DHS/ 

OIDO–001 Office of the Immigration 

Detention Ombudsman System of 

Records.’’ OIDO is an independent 

component within DHS tasked with 

reviewing and resolving individual 

complaints and providing independent 

oversight of immigration detention 

facilities, including conducting 

announced and unannounced 

inspections, reviewing contract terms 

for immigration detention facilities and 

services, and making recommendations 

and reporting to Congress on findings. 

OIDO is creating this system of records 

to collect and maintain records related 

to individual complaints from or about 

individuals in immigration detention 

regarding potential violations of law, 

individual rights, standards of 

professional conduct, contract terms, or 

policy related to immigration detention 

by any officer or employee of CBP or 

ICE, or any contracted, subcontracted, or 

cooperating entity personnel. 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/OIDO–001 Office of the 

Immigration Detention Ombudsman 

System of Records may be shared with 

other DHS Components that have a need 

to know the information to carry out 

their national security, law enforcement, 

immigration, intelligence, or other 

homeland security functions. In 

addition, DHS/OIDO may share 

information with appropriate federal, 

state, local, tribal, territorial, foreign, or 

international government agencies 

consistent with the routine uses set 

forth in this system of records notice. 

A full description of this new SORN 

can be found in the Federal Register. 

II. Privacy Act 

The fair information practice 

principles found in the Privacy Act 

underpin the statutory framework 

governing the means by which Federal 

Government agencies collect, maintain, 

use, and disseminate individuals’ 

records. 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 

as U.S. citizens and lawful permanent 

residents. Additionally, the Judicial 

Redress Act (JRA) provides a statutory 

right to covered persons to make 

requests for access and amendment to 

covered records, as defined by the JRA, 

along with judicial review for denials of 

such requests. In addition, the JRA 

prohibits disclosures of covered records, 

except as otherwise permitted by the 

Privacy Act. 

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/OIDO–001 Office of the 

Immigration Detention Ombudsman 

System of Records. Information covered 

by this system of records notice relates 

to official DHS national security and 

law enforcement missions, and 

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; ensure 

DHS’s ability to obtain information from 

third parties and other sources; and to 

protect the privacy of third parties. 

Disclosure of information to the subject 

of the inquiry could also undermine the 

entire investigative process. 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules 49491 

In appropriate circumstances, when 

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/ 

OIDO–001 Office of the Immigration 

Detention Ombudsman 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. In appendix C to part 5, add 

paragraph 86 to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

86. The DHS/OIDO–001 Office of the 

Immigration Detention Ombudsman System 

of Records consists of electronic and paper 

records and will be used by DHS and its 

components. The DHS/OIDO–001 Office of 

the Immigration Detention Ombudsman 

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, and investigations, 

inquiries, and proceedings there under. The 

DHS/OIDO–001 Office of the Immigration 

Detention Ombudsman 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, 

foreign, or international government 

agencies. 

The Secretary of Homeland Security, 

pursuant to 5 U.S.C. 552a(k)(2) and (k)(5), has 

exempted this system from the following 

provisions of the Privacy Act: 5 U.S.C. 

552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I); and (f). Where a record received 

from another system has been exempted in 

that source system under 5 U.S.C. 552a(j)(2), 

(k)(2), or (k)(5), DHS will claim the same 

exemptions for those records that are claimed 

for the original primary systems of records 

from which they originated and claims any 

additional exemptions set forth here. 

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 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 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. When an 

investigation has been completed, 

information on disclosures made may 

continue to be exempted if the fact that an 

investigation occurred remains sensitive after 

completion. 

(b) From subsection (d) (Access and 

Amendment 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. Further, permitting 

amendment to counterintelligence records 

after an investigation has been completed 

would impose an unmanageable 

administrative burden. 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 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. 

Lynn Parker Dupree, 

Chief Privacy Officer, U.S. Department of 

Homeland Security. 

[FR Doc. 2021–18797 Filed 9–2–21; 8:45 am] 

BILLING CODE 9112–AS–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Chapter III 

[Docket No. FSIS–2020–0036] 

RIN 0583–AD89 

Labeling of Meat or Poultry Products 

Comprised of or Containing Cultured 

Animal Cells 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is publishing 

this advance notice of proposed 

rulemaking (ANPR) to request 

comments pertaining to the labeling of 

meat and poultry products comprised of 

or containing cultured cells derived 

from animals subject to the Federal 

Meat Inspection Act or the Poultry 

Products Inspection Act. Issues raised in 

the comments submitted in response to 

this ANPR will inform future 

rulemaking to establish labeling 

requirements for these products. This 

ANPR also discusses how FSIS will 

generally evaluate labels for these 

products if they are submitted before the 

Agency completes rulemaking. 

DATES: Submit comments on or before 

November 2, 2021. 

ADDRESSES: FSIS invites interested 

persons to submit comments on this 

document. Comments may be submitted 

by one of the following methods: 

• Federal eRulemaking Portal: This 

website provides the ability to type 

short comments directly into the 

comment field on this web page or 

attach a file for lengthier comments. Go 

to https://www.regulations.gov. Follow 

the on-line instructions at that site for 

submitting comments. 

• Mail: Send to Docket Clerk, U.S. 

Department of Agriculture, Food Safety 

and Inspection Service, 1400 

Independence Avenue SW, Mailstop 

3758, Washington, DC 20250–3700. 

• Hand- or courier-delivered 

submittals: Deliver to 1400 

Independence Avenue SW, Jamie L. 

Whitten Building, Room 350–E, 

Washington, DC 20250–3700. 


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