[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Proposed Rules]
[Pages 41077-41078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14707]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / 
Proposed Rules

[[Page 41077]]



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: Proposed rule.

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SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to 
amend 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 proposing to amend 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: We will consider all comments that we receive on or before 
August 10, 2022.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Enter APHIS-2015-0008 in the Search field. Select 
the Documents tab, then select the comment button in the list of 
documents.
    <bullet> Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0008, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238. Supporting documents and any comments we receive on this docket 
may be viewed at http://www.regulations.gov or in our reading room, 
which is located in room 1620 of the USDA South Building, 14th Street 
and Independence Avenue SW, Washington, DC. Normal reading room hours 
are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be 
sure someone is there to help you, please call (202) 799-7039 before 
coming.

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:

Background

    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) Animal and Plant Health 
Inspection Service (APHIS) is proposing 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. USDA also proposes 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 to USDA/APHIS-1.

USDA/APHIS-1

    As an administrative matter, this proposal will update the list of 
previously exempt systems to reflect the agency combining two system of 
records under Investigative and Enforcement Records Regarding 
Regulatory Activities, USDA/APHIS-1. In a notice published in the 
Federal Register on November 16, 2001 (66 FR 57698-57700, Docket No. 
99-024-1) \1\, USDA announced the combination of 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: the Investigative and Enforcement Records 
Regarding Regulatory Activities, USDA/APHIS-1. The reason for combining 
the system of records was to bring all of the records concerning 
investigation and enforcement together. USDA's Privacy Act regulations 
were not previously amended to reflect this consolidation. Accordingly, 
USDA proposes to modify the list of exempt APHIS systems to reflect the 
consolidation.
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    \1\ To view the notice, go to: https://www.govinfo.gov/content/pkg/FR-2001-11-16/pdf/01-28727.pdf.
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USDA/APHIS-21

    USDA also proposes to exempt Smuggling Interdiction and Trade 
Compliance (SITC) National Information Communication Activity System 
(SNICAS), USDA/APHIS-21, from certain provisions of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a. In a notice published elsewhere in 
this issue of the Federal Register, (Docket No. APHIS-2014-0062) \2\, 
APHIS is publishing a new system of records, entitled Smuggling 
Interdiction and Trade Compliance (SITC) National Information 
Communication Activity

[[Page 41078]]

System (SNICAS), USDA/APHIS-21, to maintain a record of activities 
conducted by the agency pursuant to its mission and responsibilities 
authorized by the Plant Protection Act (PPA, 7 U.S.C. 7701 et seq.); 
the Animal Health Protection Act (AHPA, 7 U.S.C. 8301 et seq.); and the 
Honey Bee Act (7 U.S.C. 281 et seq.). The purpose of the system is to 
record data and information about APHIS' Smuggling Interdiction and 
Trade Compliance activities nationwide. As described in that notice, 
portions of this system could reveal the identity and contact 
information of a witness or person who has submitted a complaint 
concerning potential alleged violations and violations by persons who 
are subject to the PPA, AHPA, and the Honey Bee Act.
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    \2\ To view the notice, go to www.regulations.gov and enter 
APHIS-2014-0062 in the Search field.
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    Because this system contains the identity and contact information 
for witnesses and people who have submitted complaints concerning 
potential violations by persons who are subject to the acts relevant to 
the system of records, USDA proposes to exempt this system of records 
from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), 
(d), (e)(1), (e)(4)(G), (H) and (I), and (f).
    Paragraph (c)(3) of 5 U.S.C. 552a requires agencies to make the 
accounting of each disclosure of records available to the individual 
named in the record upon his or her request. However, release of 
certain accounting of disclosures could alert an individual who may be 
under investigation to the existence of the investigation and that he 
or she is the subject to an investigation. The release of such 
information to the subject of an investigation could provide him or her 
with information as to the nature of the investigation, compromise the 
investigation and any witnesses or people who submitted complaints, and 
lead to improper influencing or endangerment of these individuals.
    Based on 5 U.S.C. 552a(d), (e)(4)(G) and (e)(4)(H), and (f), 
agencies are required to provide notice and disclosure of individuals 
that a system contains records pertaining to the individual, as well as 
providing rights of access and amendment. We believe that granting 
access to certain records in the previously listed systems could inform 
the subject of an investigation of the existence of that investigation, 
the nature and scope of the information and evidence obtained, the 
identity of witnesses and individuals who have provided information, 
and could provide information to enable the subject to avoid detection. 
The release of such information to the subject of an investigation 
could also lead to improper influencing or endangerment of these 
individuals.
    Paragraph (e)(1) of 5 U.S.C. 552a requires an agency to maintain 
information about an individual only to the extent that such 
information is relevant or necessary. In terms of information that is 
related to an investigation, it is not always possible to know in 
advance what information is relevant and necessary for an 
investigation, and this information may contain information from 
witnesses or people who have submitted complaints that may 
inadvertently convey the identity of the source of information to the 
subject.
    Paragraph (e)(4)(I) of 5 U.S.C. 552a requires an agency to provide 
public notice of the categories of sources of records in the system. 
The application of this section could disclose information provided by 
sources and could cause sources to refrain from providing information 
because of fear of reprisal or fear of breach of promise(s) of 
anonymity and confidentiality. This could compromise USDA's ability to 
conduct investigations and to identify and detect violators of the acts 
relevant to the listed system of records.

Executive Orders 12866 and Regulatory Flexibility Act

    This proposed 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 
proposed 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 proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed 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 proposed rule contains no new information collection 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

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 propose to amend 7 CFR part 1 as follows:

PART 1--ADMINISTRATIVE 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 6th day of July 2022.
Gary Washington,
Chief Information Officer, United States Department of Agriculture.
[FR Doc. 2022-14707 Filed 7-8-22; 8:45 am]
BILLING CODE 3410-34-P