[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Page 36433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13311]



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  Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules 
and Regulations  

[[Page 36433]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2016-0035]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/U.S. Customs and Border Protection-014 Regulatory 
Audit Archive System (RAAS) System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security (DHS) is issuing a final 
rule to extend the exemptions from certain provisions of the Privacy 
Act to the updated and reissued system of records titled, ``DHS/CBP-014 
Regulatory Audit Archive System (RAAS) System of Records.'' 
Specifically, the Department exempts portions of the ``DHS/CBP-014 
Regulatory Audit Archive System (RAAS) System of Records'' from one or 
more provisions of the Privacy Act because of criminal, civil, and 
administrative enforcement requirements.

DATES: This final rule is effective June 7, 2016.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
John Connors, (202) 344-1610, Privacy Officer, U.S. Customs and Border 
Protection, Privacy and Diversity Office, 1300 Pennsylvania Avenue NW., 
Washington, DC 20229. For privacy questions, please contact: Karen L. 
Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security (DHS) U.S. Customs and Border 
Protection (CBP) published a notice of proposed rulemaking in the 
Federal Register, 81 FR 19932, April 6, 2016, 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 reissued the DHS/CBP-014 Regulatory Audit Archive 
System (RAAS) System of Records in the Federal Register on April 6, 
2016 (81 FR 19985), to provide notice to the public that DHS/CBP was 
updating the categories of records to include the capture of Employer 
Identification Numbers (EINs) or Social Security numbers (SSNs), also 
known as a Federal Taxpayer Identifying Number, pursuant to 19 CFR 
24.5, 19 CFR 149.3, and E.O. 9397, as amended by E.O. 13748. This final 
rule exempts portions of the new categories of records pursuant to 5 
U.S.C. 552a(k)(2).

II. Public Comments

    DHS received no comments on the NPRM and 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 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for part 5 continues to read as follows:

    Authority:  Pub. L. 107-296, 116 Stat. 2135; (6 U.S.C. 101 et 
seq.); 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.

0
2. In appendix C to part 5, revise the introductory text of paragraph 
25, and paragraph 25(a), to read as follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    25. The Department of Homeland Security (DHS)/U.S. Customs and 
Border Protection-014 Regulatory Audit Archive System (RAAS) System 
of Records consists of electronic and paper records and will be used 
by DHS and its Components. The DHS/CBP-014 RAAS 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; 
investigations; inquiries; and proceedings there under. The DHS/CBP-
014 RAAS 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. 552a(k)(2), has exempted this system 
from the following provisions of the Privacy Act: 5 U.S.C. 
552a(c)(3). 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 (c)(3) (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.
* * * * *

    Dated: May 23, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-13311 Filed 6-6-16; 8:45 am]
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