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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
Finally, in its discretion, CBP will not assert any exemptions with regard to accessing or amending an individuals application data in a trusted or registered traveler program or accessing their final membership determination in the trusted or registered traveler 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/or 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 certain 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 certain records could 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. Amendment of certain 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 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
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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.
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.
i From subsection g1 Civil Remedies to the extent that the system is exempt from other specific subsections of the Privacy Act.
Lynn Parker Dupree, Chief Privacy Officer, U.S. Department of Homeland Security.
FR Doc. 202119472 Filed 9921; 8:45 am BILLING CODE 911114P

DEPARTMENT OF AGRICULTURE
Rural Utilities Service 7 CFR Parts 1735 and 1737
RUS20TELECOM0044
RIN 0572AC48

Implementation of Telecommunications Provisions of the Agricultural Improvement Act of 2018
Rural Utilities Service, Department of Agriculture USDA.
ACTION: Final rule; request for comments.
AGENCY:

The Rural Utilities Service RUS is issuing a final rule with comment to implement statutory provisions of the Agriculture Improvement Act of 2018 2018 Farm
SUMMARY:

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Bill. The intent of this rule is to modify existing regulations to include the statutory revisions authorized by the 2018 Farm Bill.
DATES:
Effective date: This final rule with comment is effective September 10, 2021.
Comment date: Comments due on or before November 9, 2021.
ADDRESSES: You may submit comments, identified by docket number RUS20
TELECOM0044 and Regulatory Information Number RIN number 0572AC48 through https
www.regulations.gov.
Instructions: All submissions received must include the Agency name and docket number or RIN for this rulemaking. All comments received will be posted without change to https
www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background documents or comments received, go to https
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general inquiries, contact Laurel Leverrier, Assistant Administrator Telecommunications Program, Rural Utilities Service, U.S. Department of Agriculture USDA, email:
laurel.leverrier@usda.gov, telephone:
202 7209556.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches to maximize net benefits including potential economic, environmental, public health, and safety advantages; distributive impacts; and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be significant and was reviewed by the Office of Management and Budget OMB under Executive Order 12866. In accordance with Executive Order 12866, the Agency conducted a Regulatory Impact Analysis, outlining the costs and benefits of implementing this program in rural America. The complete analysis is available in Docket No. RUS20
TELECOM0044. The following is a summary discussion of the Analysis:
This final rule does not directly address any specific market failure. The Agency is publishing this rulemaking action to codify the mandatory changes
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