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

50603 

Vol. 86, No. 173 

Friday, September 10, 2021 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. USCBP–2021–0031] 

Privacy Act of 1974: Implementation of 

Exemptions; U.S. Department of 

Homeland Security, U.S. Customs and 

Border Protection–002 Trusted and 

Registered Traveler Programs System 

of Records 

AGENCY: U.S. Customs and Border 

Protection, U.S. Department of 

Homeland Security. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Homeland Security (DHS) is issuing a 

final rule to amend its regulations to 

exempt portions of a newly updated and 

reissued system of records titled, ‘‘DHS/ 

U.S. Customs and Border Protection– 

002 Trusted and Registered Traveler 

Programs (TRTP) System of Records’’ 

from certain provisions of the Privacy 

Act. Specifically, the Department 

exempts portions of this system of 

records from one or more provisions of 

the Privacy Act because of criminal, 

civil, and administrative enforcement 

requirements. 

DATES: This final rule is effective 

September 10, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: Debra 

Danisek, Privacy.CBP@cbp.dhs.gov, 

(202) 344–1610, CBP Privacy Officer, 

U.S. Customs and Border Protection, 

1300 Pennsylvania Avenue NW, 

Washington, DC 20229. For privacy 

issues please contact: Lynn Parker 

Dupree, (202) 343–1717, Chief Privacy 

Officer, Privacy Office, U.S. Department 

of Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The U.S. Department of Homeland 

Security (DHS) U.S. Customs and 

Border Protection (CBP) published a 

notice of proposed rulemaking in the 

Federal Register, 85 FR 14176 (March 

11, 2020), proposing 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. DHS issued the ‘‘DHS/ 

CBP–002 Trusted and Registered 

Traveler Programs System of Records’’ 

in the Federal Register at 85 FR 14214 

(March 11, 2020), to provide notice to 

the public that (1) DHS/CBP updated 

the name of the system of records from 

Global Enrollment System (GES); (2) 

DHS/CBP provided a more 

comprehensive description of the 

trusted and registered traveler programs 

to include Global Entry, NEXUS, Secure 

Electronic Network for Travelers Rapid 

Inspection (SENTRI), Free and Secure 

Trade (FAST) program, and U.S.-Asia 

Economic Cooperation (APEC) Business 

Travel Card (ABTC) Program; and (3) 

DHS/CBP removed references to CBP 

Trusted Worker Programs which are 

covered by the DHS/CBP–010 Persons 

Engaged in International Trade in 

Customs and Border Protection 

Licensed/Regulated Activities System of 

Records Notice, 73 FR 77753 (December 

19, 2008). 

DHS/CBP invited comments on both 

the notice of proposed rulemaking 

(NPRM) and System of Records Notice 

(SORN). 

II. Public Comments 

DHS received no comments on the 

NPRM and one non-substantive 

comment on the SORN. After full 

consideration of the public comment, 

the Department will implement the 

rulemaking as proposed. 

List of Subjects in 6 CFR Part 5 

Freedom of information, Privacy. 

For the reasons stated in the 

preamble, DHS amends 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. Amend appendix C to part 5 by 

adding paragraph 84 to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

84. The U.S. Department of Homeland 

Security (DHS)/U.S. Customs and Border 

Protection (CBP)-002 Trusted and Registered 

Traveler Program (TRTP) System of Records 

consists of electronic and paper records and 

will be used by DHS and its components. The 

DHS/CBP–002 TRTP System of Records 

collects and maintains records on individuals 

who voluntarily provide personally 

identifiable information to U.S. Customs and 

Border Protection in return for enrollment in 

a program that will make them eligible for 

dedicated CBP processing at designated U.S. 

border ports of entry and foreign 

preclearance facilities. The DHS/CBP–002 

TRTP system of records contains personally 

identifiable information in biographic 

application data, biometric information, 

conveyance information, pointer information 

to other law enforcement databases that 

support the DHS/CBP membership decision, 

Law Enforcement risk assessment 

worksheets, payment tracking numbers, and 

U.S. or foreign trusted traveler membership 

decisions in the form of a ‘‘pass/fail.’’ 

The Secretary of Homeland Security, 

pursuant to 5 U.S.C. 552a(j)(2), has exempted 

this system from the following provisions of 

the Privacy Act: 552a(c)(3), (c)(4); (d); (e)(1), 

(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 

(e)(5), (e)(8); (f); and (g)(1). Additionally, the 

Secretary of Homeland Security, pursuant to 

5 U.S.C. 552a(k)(2), has exempted records 

created during the background check and 

vetting process 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). 

Also, the Privacy Act requires DHS 

maintain an accounting of such disclosures 

made pursuant to all routine uses. However, 

disclosing the fact that CBP has disclosed 

records to an external law enforcement 

and/or intelligence agency may affect 

ongoing law enforcement, intelligence, or 

national security activity. As such, the 

Secretary of Homeland Security, pursuant to 

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

these records from (c)(3), (e)(8), and (g)(1) of 

the Privacy Act, as is necessary and 

appropriate to protect this information. 

In addition, when a record received from 

another system has been exempted in that 

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


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50604 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations 

Finally, in its discretion, CBP will not 

assert any exemptions with regard to 

accessing or amending an individual’s 

application data in a trusted or registered 

traveler program or accessing their final 

membership determination in the trusted or 

registered traveler programs. 

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. 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 

certain 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 certain records 

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. Amendment of certain 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 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 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. 

(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 (g)(1) (Civil Remedies) 

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

Lynn Parker Dupree, 

Chief Privacy Officer, U.S. Department of 

Homeland Security. 

[FR Doc. 2021–19472 Filed 9–9–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Parts 1735 and 1737 

[RUS–20–TELECOM–0044] 

RIN 0572–AC48 

Implementation of 

Telecommunications Provisions of the 

Agricultural Improvement Act of 2018 

AGENCY: Rural Utilities Service, 

Department of Agriculture (USDA). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The Rural Utilities Service 

(RUS) is issuing a final rule with 

comment to implement statutory 

provisions of the Agriculture 

Improvement Act of 2018 (2018 Farm 

Bill). The intent of this rule is to modify 

existing regulations to include the 

statutory revisions authorized by the 

2018 Farm Bill. 

DATES: 

Effective date: This final rule with 

comment is effective September 10, 

2021. 

Comment date: Comments due on or 

before November 9, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number RUS–20– 

TELECOM–0044 and Regulatory 

Information Number (RIN) number 

0572–AC48 through https://

www.regulations.gov. 

Instructions: All submissions received 

must include the Agency name and 

docket number or RIN for this 

rulemaking. All comments received will 

be posted without change to https://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general inquiries, contact Laurel 

Leverrier, Assistant Administrator 

Telecommunications Program, Rural 

Utilities Service, U.S. Department of 

Agriculture (USDA), email: 

laurel.leverrier@usda.gov, telephone: 

(202) 720–9556. 

SUPPLEMENTARY INFORMATION: 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches to maximize net benefits 

(including potential economic, 

environmental, public health, and safety 

advantages; distributive impacts; and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been determined to be significant 

and was reviewed by the Office of 

Management and Budget (OMB) under 

Executive Order 12866. In accordance 

with Executive Order 12866, the Agency 

conducted a Regulatory Impact 

Analysis, outlining the costs and 

benefits of implementing this program 

in rural America. The complete analysis 

is available in Docket No. RUS–20– 

TELECOM–0044. The following is a 

summary discussion of the Analysis: 

This final rule does not directly 

address any specific market failure. The 

Agency is publishing this rulemaking 

action to codify the mandatory changes 


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