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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
identity of witnesses or confidential informants.
f From subsections e4G, e4H, and e4I 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 e5 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. Compliance with subsection e5
would preclude DHS agents from using their investigative training and exercise of good judgment to both conduct and report on investigations.
h From subsection e8 Notice on Individuals because compliance would interfere with DHSs 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.
j From subsection g Civil Remedies to the extent that the system is exempt from other specific subsections of the Privacy Act.
James Holzer, Acting Chief Privacy Officer, U.S. Department of Homeland Security.
FR Doc. 202105643 Filed 31921; 8:45 am BILLING CODE 911128P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary 6 CFR Part 5
Docket No. USCBP20200051
RIN 1651AB30

Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/U.S. Customs and Border Protection018 Customs Trade Partnership Against Terrorism System of Records U.S. Customs and Border Protection, U.S. Department of Homeland Security.
ACTION: Notice of proposed rulemaking.

jbell on DSKJLSW7X2PROD with PROPOSALS

AGENCY:

The U.S. Department of Homeland Security DHS is giving concurrent notice of a modified and reissued system of records pursuant to
SUMMARY:

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the Privacy Act of 1974 for the DHS/
U.S. Customs and Border Protection CBP018 Customs Trade Partnership Against Terrorism System of Records, and this proposed rulemaking. In this proposed rulemaking, the Department and CBP 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 April 21, 2021.
ADDRESSES: You may submit comments, identified by docket number USCBP
20200051, by one of the following methods:
Federal e-Rulemaking Portal: http
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 2023434010.
Mail: James Holzer, Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name and docket number for this notice. 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 questions, please contact: Debra Danisek, Privacy.CBP@cbp.dhs.gov, 202 3441610, CBP Privacy Officer, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229. For privacy issues, please contact: James Holzer, Privacy@hq.dhs.gov, 202 3431717, Acting Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 205280655.
SUPPLEMENTARY INFORMATION:
I. Background In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the U.S.
Department of Homeland Security DHS, U.S. Customs and Border Protection CBP proposes to modify and reissue a current DHS system of records titled, DHS/CBP018 Customs Trade Partnership Against Terrorism System of Records. DHS/CBP is reissuing this modified system of records notice to update its description of how CBP collects and maintains information pertaining to prospective, ineligible, current, or former trade partners in the CTPAT Program; other entities and individuals in their supply chains; and members of foreign
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governments secure supply chain programs that have been recognized by CBP, through a mutual recognition arrangement or comparable arrangement, as being compatible with CTPAT. DHS/CBP is updating this system of records notice to clarify that CTPAT Program members may also submit information to DHS/CBP under the CTPAT Trade Compliance program, to include importer self-assessments and other documentation.
CBP uses the information collected and maintained through the CTPAT
security and trade compliance programs to carry out its trade facilitation, law enforcement, and national security missions. In direct response to 9/11, CBP challenged the trade community to partner with the government to design a new approach to supply chain securityone that protects the United States from acts of terrorism by improving security while facilitating the flow of compliant cargo and conveyances. The result was the CTPAT
Programa voluntary government/
private sector partnership program in which certain types of businesses agree to cooperate with CBP in the analysis, measurement, monitoring, reporting, and enhancement of their supply chains.
Businesses accepted into the CTPAT
Program are called partners and agree to take actions to protect their supply chain, identify security gaps, and implement specific security measures and best practices in return for facilitated processing of their shipments by CBP. The CTPAT Program focuses on improving security from the point of origin including manufacturer, supplier, or vendor through a point of distribution to the destination. The current security guidelines for CTPAT
Program members address a broad range of topics including personnel, physical, and procedural security; access controls;
education, training, and awareness;
manifest procedures; conveyance security; threat awareness; and documentation processing. These guidelines offer a customized solution for the members, while providing a clear minimum standard that approved companies must meet.
Businesses eligible to fully participate in the CTPAT Program include U.S.
importers; exporters; U.S./Canada highway carriers; U.S./Mexico highway carriers; rail and sea carriers; licensed U.S. Customs brokers; U.S. marine port authority/terminal operators; U.S.
freight consolidators; ocean transportation intermediaries and nonoperating common carriers; Mexican and Canadian manufacturers; and Mexican long-haul carriers.

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