[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16105-16107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05745]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / 
Proposed Rules  

[[Page 16105]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 390

[Docket Number FSIS-2019-0012]
RIN 0583-AD82


Privacy Act Exemption for AssuranceNet

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
exempt certain records maintained by its AssuranceNet (ANet) system of 
records from the notification and access provisions of Privacy Act of 
1974 (Privacy Act). FSIS is proposing these exemptions because the 
information in the SORN is directly associated with investigations 
conducted by FSIS for law enforcement purposes. A notice of system of 
records for USDA/FSIS-0005, AssuranceNet (ANet) is also published in 
this issue of the Federal Register.

DATES: Comments must be received on or before May 23, 2022.

ADDRESSES: FSIS invites interested persons to submit comments on the 
proposed rule. 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 20250-3700.
     Hand- or Courier-Delivered Submittals: Deliver to 1400 
Independence Avenue SW, Jamie L. Whitten Building, Room 350-E, 
Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2019-0012. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to https://www.regulations.gov.
    Docket: For access to background documents or comments received, 
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at 
1400 Independence Avenue SW, Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Scott Safian, AssuranceNet System 
Owner/Manager, Enforcement and Litigation Division, Office of 
Investigation, Enforcement and Audit, Food Safety and Inspection 
Service, 355 E Street SW, Room 8-205, Washington, DC 20024, (202) 418-
8872.
    For Privacy Questions: Privacy Office, Office of the Chief 
Information Officer, USDA, 1400 Independence Ave. SW, Room 0055, 
Washington, DC 20250; Telephone 202-619-8503.

SUPPLEMENTARY INFORMATION:

Background

    FSIS is the public health regulatory agency in the USDA that is 
responsible for ensuring that the nation's commercial supply of meat, 
poultry, and egg products is safe, wholesome, and accurately labeled 
and packaged. ANet is a management control and performance monitoring 
system that gathers information from electronic and paper-based sources 
to enable FSIS to track, measure, and monitor the performance of its 
and its state partners' critical public health functions and to alert 
FSIS management to areas of vulnerability or concern. ANet tracks, 
measures, and monitors the performance of the key public health 
functions of inspection, verification, surveillance, enforcement, and 
sampling by FSIS and state meat and poultry inspection program 
employees. The data and tools of ANet are used to analyze the 
effectiveness of policies and procedures in meeting public health goals 
and objectives and to help ensure that methods, evaluations, and 
enforcement are standardized and traceable nationwide. The Agency also 
uses data analysis in and through ANet to discern trends; to develop 
objectives for regulatory food safety functions; to identify and focus 
on areas of high-risk; and to help determine strategies to combat 
threats to food safety and defense.
    FSIS is proposing to exempt investigatory material, compiled and 
maintained by ANet for law enforcement purposes, from certain 
provisions of the Privacy Act.

Privacy Act

    The Privacy Act of 1974, 5 U.S.C. 552a, governs the collection, 
maintenance, use, and dissemination of information about individuals 
that is maintained in a system of records. A system of records is a 
group of records under the control of an agency from which information 
is retrieved by the individual's name or some other personal identifier 
assigned to that individual. The Privacy Act requires agencies to 
publish a system of records notice (SORN) for every system of records 
that it maintains. A SORN informs the public of the existence of a 
system of records and describes the type of information collected, why 
it is being collected, what it may be used for, when it may be 
disclosed to third parties, how it will be safeguarded, and how and 
when it will be destroyed. A notice of system of records for USDA/FSIS-
0005, AssuranceNet (ANet) is also published in this issue of the 
Federal Register. A Privacy Impact Assessment is posted on https://www.usda.gov/home/privacy-policy/privacy-impact-assessments.
    An Agency that wants to exempt portions of some systems of records 
from certain provisions of the Privacy Act must promulgate regulations 
to notify the public and explain the reasons why a particular exemption 
is claimed. FSIS is proposing to exempt certain investigatory records 
maintained by the ANet system of records from the notification and 
access provisions of the Privacy Act under 5 U.S.C. 552a(c)(3), (d)(1)-
(4), (e)(1) (e)(4)(G)-(I), and (f). Specifically, ANet includes 
investigatory material compiled for law enforcement, which fall under 
the Privacy Act exemptions 5 U.S.C. 552a(k). FSIS is proposing these 
exemptions because the information contained in the SORN is directly 
associated with investigations conducted by FSIS for law enforcement 
purposes. The proposed exemptions would protect the information on the 
methods used in law enforcement

[[Page 16106]]

activities from those individuals who are subjects to the investigation 
and the identities and physical safety of witnesses and others who aid 
in investigations. In addition, the exemptions ensure FSIS's ability to 
obtain information from third parties and safeguards those 
investigatory records that are needed for litigation.

Executive Orders 12866 and 13563, and the Regulatory Flexibility Act

    E.O.s 12866 and 13563 direct agencies to assess all costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
benefits, distributive impacts, and equity). E.O. 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. This proposed rule 
has been designated as a ``non-significant'' regulatory action under 
section 3(f) of E.O. 12866. Accordingly, the rule has not been reviewed 
by the Office of Management and Budget (OMB) under E.O. 12866. FSIS 
anticipates no costs or benefits accruing from this proposal.

Executive Order 13175

    This proposed rule will have no implications for Indian Tribal 
governments. More Specifically, it does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian tribes. 
Therefore, the consultation requirements of Executive Order 13175 do 
not apply.

Paperwork Reduction Act

    There are no new paperwork or recordkeeping requirements associated 
with this final rule under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520).

USDA Non-Discrimination Statement

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all of the information requested in the form. To request a 
copy of the complaint form, call (866) 632-9992. Submit your completed 
form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, 
Office of the Assistant Secretary for Civil Rights, 1400 Independence 
Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) 
email: [email protected].

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS web page located at: 
https://www.fsis.usda.gov/federal-register.
    FSIS also will make copies of this publication available through 
the FSIS Constituent Update, which is used to provide information 
regarding FSIS policies, procedures, regulations, Federal Register 
notices, FSIS public meetings, and other types of information that 
could affect or would be of interest to our constituents and 
stakeholders. The Constituent Update is available on the FSIS web page. 
Through the web page, FSIS is able to provide information to a much 
broader, more diverse audience. In addition, FSIS offers an email 
subscription service which provides automatic and customized access to 
selected food safety news and information. This service is available 
at: https://www.fsis.usda.gov/subscribe. Options range from recalls to 
export information, regulations, directives, and notices. Customers can 
add or delete subscriptions themselves and have the option to password 
protect their accounts.

List of Subjects in 9 CFR Part 390

    Freedom of Information, Privacy.

    For the reasons stated in the preamble, FSIS is proposing to amend 
9 CFR part 390 as follows:

0
1. Revise the authority citation for part 390 to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a; 21 U.S.C. 451-472, 601-695; 
7 CFR 1.3, 2.7.

0
2. Add Sec.  390.11 to read as follows:


Sec.  390.11  FSIS systems of records exempt from the Privacy Act.

    (a) The USDA/FSIS-0005, AssuranceNet system of records is exempt 
from subsections (c)(3), (d)(1)-(4), (e)(1), (e)(4)(G)-(I), and (f) of 
the Privacy Act, 5 U.S.C. 552a, to the extent it contains investigatory 
material compiled for law enforcement purposes in accordance with 5 
U.S.C. 552a(k) (2). Exemptions from the particular subsections are 
justified for the following reasons:
    (1) From subsection (c)(3) because the release of the disclosure 
accounting would permit the subject of an investigation to obtain 
valuable information concerning the nature of that investigation. This 
would permit record subjects to impede the investigation, e.g., destroy 
evidence, intimidate potential witnesses, or flee the area to avoid 
inquiries or apprehension by law enforcement personnel.
    (2) From subsection (d)(1) because the records contained in this 
system relate to official federal investigations and matters of law 
enforcement. Individual access to these records might compromise 
ongoing or impending investigations, reveal confidential informants or 
constitute unwarranted invasions of the personal privacy of third 
parties who are involved in a certain investigation.
    (3) From section (d) (2) because amendment of the records would 
interfere with ongoing law enforcement proceedings and impose an 
impossible administrative burden by requiring investigations to be 
continuously reinvestigated.
    (4) From subsections (d)(3) and (4) because these subsections are 
inapplicable to the extent exemption is claimed from (d)(1) and (2).
    (5) From subsection (e) (1) it is often impossible to determine in 
advance if investigatory information contained in this system is 
accurate, relevant, timely and complete, but, in the interests of 
effective law enforcement, it is

[[Page 16107]]

necessary to retain this information to aid in establishing patterns of 
activity and provide investigative leads. Moreover, it would impede the 
specific investigative process if it were necessary to assure the 
relevance, accuracy, timeliness and completeness of all information 
obtained.
    (6) From subsections (e)(4) (G) and (H) since an exemption being 
claimed for subsection (d) makes these subsections inapplicable.
    (7) From subsection (e)(4)(I) because the categories of sources of 
the records in this system have been published in the Federal Register 
in broad generic terms in the belief that this is all that subsection 
(e)(4)(I) of the Act requires. In the event, however, that this 
subsection should be interpreted to require more detail as to the 
identity of sources of the records in the system, exemption from this 
provision is necessary in order to protect the confidentiality of the 
sources of enforcement information and of witnesses and informants.
    (8) From subsection (f) to the extent that the system is exempt 
from other specific subsections of the Privacy Act.

    Done in Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2022-05745 Filed 3-21-22; 8:45 am]
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