Federal Register - September 3, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules In appropriate circumstances, when compliance would not appear to interfere with or adversely affect the law enforcement purposes of this system and the overall law enforcement process, the applicable exemptions may be waived on a case-by-case basis.
A system of records notice for DHS/
OIDO001 Office of the Immigration Detention Ombudsman System of Records is also published in this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the preamble, DHS proposes to amend chapter I of title 6, Code of Federal Regulations, as follows:
PART 5DISCLOSURE 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.
107296, 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. In appendix C to part 5, add paragraph 86 to read as follows:
Appendix C to Part 5DHS Systems of Records Exempt From the Privacy Act
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86. The DHS/OIDO001 Office of the Immigration Detention Ombudsman System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/OIDO001 Office of the Immigration Detention Ombudsman System of Records is a repository of information held by DHS in connection with its several and varied missions and functions, including, but not limited to the enforcement of civil and criminal laws, and investigations, inquiries, and proceedings there under. The DHS/OIDO001 Office of the Immigration Detention Ombudsman System of Records contains information that is collected by, on behalf of, in support of, or in cooperation with DHS and its components and may contain personally identifiable information collected by other federal, state, local, tribal, foreign, or international government agencies.
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552ak2 and k5, has exempted this system from the following provisions of the Privacy Act: 5 U.S.C.
552ac3; d; e1, e4G, e4H, e4I; and f. Where a record received from another system has been exempted in that source system under 5 U.S.C. 552aj2, k2, or k5, 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.
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:
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a From subsection c3 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. 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 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 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
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of witnesses, and potential witnesses, and confidential informants.
Lynn Parker Dupree, Chief Privacy Officer, U.S. Department of Homeland Security.
FR Doc. 202118797 Filed 9221; 8:45 am BILLING CODE 9112ASP
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service 9 CFR Chapter III
Docket No. FSIS20200036
RIN 0583AD89
Labeling of Meat or Poultry Products Comprised of or Containing Cultured Animal Cells Food Safety and Inspection Service, USDA.
ACTION: Advance notice of proposed rulemaking.
AGENCY:
The Food Safety and Inspection Service FSIS is publishing this advance notice of proposed rulemaking ANPR to request comments pertaining to the labeling of meat and poultry products comprised of or containing cultured cells derived from animals subject to the Federal Meat Inspection Act or the Poultry Products Inspection Act. Issues raised in the comments submitted in response to this ANPR will inform future rulemaking to establish labeling requirements for these products. This ANPR also discusses how FSIS will generally evaluate labels for these products if they are submitted before the Agency completes rulemaking.
DATES: Submit comments on or before November 2, 2021.
ADDRESSES: FSIS invites interested persons to submit comments on this document. Comments may be submitted by one of the following methods:
Federal eRulemaking Portal: This website provides the ability to type short comments directly into the comment field on this web page or attach a file for lengthier comments. Go to https www.regulations.gov. Follow the on-line instructions at that site for submitting comments.
Mail: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety and Inspection Service, 1400
Independence Avenue SW, Mailstop 3758, Washington, DC 202503700.
Handor courier-delivered submittals: Deliver to 1400
Independence Avenue SW, Jamie L.
Whitten Building, Room 350E, Washington, DC 202503700.
SUMMARY:
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03SEP1