Federal Register - September 10, 2021
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Source: Federal Register
50603
Rules and Regulations
Federal Register Vol. 86, No. 173
Friday, September 10, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary 6 CFR Part 5
Docket No. USCBP20210031
Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security, U.S. Customs and Border Protection002 Trusted and Registered Traveler Programs System of Records U.S. Customs and Border Protection, U.S. Department of Homeland Security.
AGENCY:
ACTION:
Final rule.
The U.S. Department of Homeland Security DHS is issuing a final rule to amend its regulations to exempt portions of a newly updated and reissued system of records titled, DHS/
U.S. Customs and Border Protection 002 Trusted and Registered Traveler Programs TRTP System of Records from certain provisions of the Privacy Act. Specifically, the Department exempts portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
SUMMARY:
This final rule is effective September 10, 2021.
DATES:
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: Lynn Parker Dupree, 202 3431717, Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC
20528.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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I. Background The U.S. Department of Homeland Security DHS U.S. Customs and Border Protection CBP published a notice of proposed rulemaking in the Federal Register, 85 FR 14176 March 11, 2020, proposing 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. DHS issued the DHS/
CBP002 Trusted and Registered Traveler Programs System of Records in the Federal Register at 85 FR 14214
March 11, 2020, to provide notice to the public that 1 DHS/CBP updated the name of the system of records from Global Enrollment System GES; 2
DHS/CBP provided a more comprehensive description of the trusted and registered traveler programs to include Global Entry, NEXUS, Secure Electronic Network for Travelers Rapid Inspection SENTRI, Free and Secure Trade FAST program, and U.S.-Asia Economic Cooperation APEC Business Travel Card ABTC Program; and 3
DHS/CBP removed references to CBP
Trusted Worker Programs which are covered by the DHS/CBP010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities System of Records Notice, 73 FR 77753 December 19, 2008.
DHS/CBP invited comments on both the notice of proposed rulemaking NPRM and System of Records Notice SORN.
II. Public Comments DHS received no comments on the NPRM and one non-substantive comment on the SORN. After full consideration of the public comment, the Department will implement the rulemaking as proposed.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS amends 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:
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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. Amend appendix C to part 5 by adding paragraph 84 to read as follows:
Appendix C to Part 5DHS Systems of Records Exempt From the Privacy Act
84. The U.S. Department of Homeland Security DHS/U.S. Customs and Border Protection CBP-002 Trusted and Registered Traveler Program TRTP System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/CBP002 TRTP System of Records collects and maintains records on individuals who voluntarily provide personally identifiable information to U.S. Customs and Border Protection in return for enrollment in a program that will make them eligible for dedicated CBP processing at designated U.S.
border ports of entry and foreign preclearance facilities. The DHS/CBP002
TRTP system of records contains personally identifiable information in biographic application data, biometric information, conveyance information, pointer information to other law enforcement databases that support the DHS/CBP membership decision, Law Enforcement risk assessment worksheets, payment tracking numbers, and U.S. or foreign trusted traveler membership decisions in the form of a pass/fail.
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552aj2, has exempted this system from the following provisions of the Privacy Act: 552ac3, c4; d; e1, e2, e3, e4G, e4H, e4I, e5, e8; f; and g1. Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552ak2, has exempted records created during the background check and vetting process from the following provisions of the Privacy Act: 5 U.S.C. 552ac3; d;
e1, e4G, e4H, e4I; and f.
Also, the Privacy Act requires DHS
maintain an accounting of such disclosures made pursuant to all routine uses. However, disclosing the fact that CBP has disclosed records to an external law enforcement and/or intelligence agency may affect ongoing law enforcement, intelligence, or national security activity. As such, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552aj2 and k2 has exempted these records from c3, e8, and g1 of the Privacy Act, as is necessary and appropriate to protect this information.
In addition, when a record received from another system has been exempted in that source system under 5 U.S.C. 552aj2, 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.
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