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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
Act of 1974, as amended, pursuant to 5
U.S.C. 552ak2, as is necessary and appropriate to protect this information.
Pursuant to exemption 5 U.S.C. 552aj2
of the Privacy Act, all other CTPAT Program data, including information regarding the possible ineligibility of an applicant for CTPAT Program membership discovered during the vetting process and any resulting issue papers, is exempt from 5 U.S.C.
552ac3 and 4; d; e1, e2, e3, e4G, e4H, e4I, e5 and e8;
f; and g. Pursuant to 5 U.S.C. 552ak2, information regarding the possible ineligibility of an applicant for CTPAT
Program membership discovered during the vetting process and any resulting issue papers are exempt from 5 U.S. 552ac3; d;
e1, e4G, e4H, e4I; and f. In addition, to the extent a record contains information from other exempt systems of records, CBP will rely on the exemptions claimed for those systems.
Finally, in its discretion, CBP may not assert any exemptions with regard to accessing or amending an individuals application data in the CTPAT Program or accessing their final membership determination in the CTPAT 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 c3 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 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 and would impose an unreasonable administrative burden by requiring investigations to be continually reinvestigated. In addition, permitting access and amendment to such information could
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disclose security-sensitive information that could be detrimental to homeland security.
c From subsection e1 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 e2 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 e3 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 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. 202105650 Filed 31921; 8:45 am BILLING CODE 911114P

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary 6 CFR Part 5
Docket No. FEMA20200032
RIN 1660AA98

Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Federal Emergency Management Agency-015 Fraud Investigations System of Records Federal Emergency Management Agency, U.S. Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:

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/
Federal Emergency Management Agency-015 Fraud Investigations 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.

SUMMARY:

Comments must be received on or before April 21, 2021.
ADDRESSES: You may submit comments, identified by docket number FEMA
20200032, by one of the following methods:
Federal e-Rulemaking Portal: http
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 7034832999.
Mail: James Holzer, Acting 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 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.
DATES:

For general questions please contact: Tammi Hines, 202 2125100, FEMA-Privacy@
fema.dhs.gov, Senior Director for Information Management, Federal Emergency Management Agency, 500 C
Street SW, Washington, DC 204723172.

FOR FURTHER INFORMATION CONTACT:

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