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

41077 

Vol. 87, No. 131 

Monday, July 11, 2022 

1To view the notice, go to: https://

www.govinfo.gov/content/pkg/FR-2001-11-16/pdf/ 

01-28727.pdf. 

2To view the notice, go to www.regulations.gov 

and enter APHIS–2014–0062 in the Search field. 

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. 

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: 

• 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. 

• 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. 

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 


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41078 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Proposed Rules 

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. 

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 

■ 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. 

■ 2. Section 1.123 is amended by 

revising the entries under the heading 

‘‘Animal and Plant Health Inspection 

Service’’ to read as follows: 

§ 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 


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