[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Page 2797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00580]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 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. 
 
 ========================================================================
 

  Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / 
Rules and Regulations  

[[Page 2797]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. USCBP-2022-0039]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security U.S. Customs and Border Protection-020 Export 
Information System System of Records

AGENCY: U.S. Customs and Border Protection, U.S. Department of Homeland 
Security.

ACTION:  Final rule.

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

SUMMARY:  The U.S. Department of Homeland Security (DHS), U.S. Customs 
and Border Protection (CBP), is issuing a final rule to amend its 
regulations to exempt portions of a newly established system of records 
titled ``DHS/CBP-020 Export Information System (EIS) 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.

DATES:  This final rule is effective January 18, 2023.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Debra Danisek, [email protected], (202) 344-1610, 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) 343-1717, Chief Privacy Officer, Privacy Office, 
U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The U.S. Department of Homeland Security (DHS), Customs and Border 
Protection (CBP), published a notice of proposed rulemaking in the 
Federal Register, 80 FR 53019, September 2, 2015, 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 new ``DHS/CBP-020 Export Information 
System (EIS) System of Records'' in the Federal Register, 80 FR 53181, 
September 2, 2015, to provide notice of the records maintained by CBP 
concerning individuals who participate in exporting goods from the 
United States.
    DHS/CBP invited comments on both the notice of proposed rulemaking 
(NPRM) and System of Records Notice (SORN).

II. Public Comments

    DHS received one non-substantive comment on the NPRM and one non-
substantive comment on the SORN. After consideration of the public 
comments, 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 5--DISCLOSURE OF RECORDS AND INFORMATION

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

    Authority:  6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat. 
2135; 5 U.S.C. 301; 6 U.S.C. 142; DHS Del. No. 13001, Rev. 01 (June 
2, 2020).
    Subpart A also issued under 5 U.S.C. 552.
    Subpart B also issued under 5 U.S.C. 552a and 552 note.


0
2. In appendix C to part 5, add reserved paragraph 88 and paragraph 89 
to read as follows:

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

* * * * *
    88. [Reserved]
    89. The DHS/U.S. Customs and Border Protection (CBP)-020 Export 
Information System (EIS) System of Records consists of electronic 
and paper records and will be used by DHS and its components. CBP 
uses EIS to collect and process information to comply with export 
laws and facilitate legitimate international trade. CBP is charged 
with enforcing all U.S. export laws at the border and the exporting 
community is required to report export data to CBP that contains 
personally identifiable information (PII).
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(j)(2), has exempted this system from the following provisions 
of the Privacy Act: 552a(c)(3); (e)(8); and (g)(1). Additionally, 
the Secretary of Homeland Security pursuant to 5 U.S.C. 552a(k)(2) 
has exempted records created during the background check and vetting 
process from the following provision of the Privacy Act, 5 U.S.C. 
552a(c)(3).
    Further, no exemption shall be asserted with respect to 
information maintained in the system as it relates to data submitted 
by or on behalf of a person who travels from the United States and 
crosses the border, nor shall an exemption be asserted with respect 
to the resulting determination (approval or denial). After 
conferring with the appropriate component or agency, DHS may waive 
applicable exemptions in appropriate circumstances and where it 
would not appear to interfere with or adversely affect the law 
enforcement purposes of the systems from which the information is 
recompiled or in which it is contained. Exemptions from these 
particular subsections are justified, on a case-by-case basis to be 
determined at the time a request is made, when information in this 
system of records may impede a law enforcement, intelligence-
related, or national security investigation:
    (a) From subsection (c)(3) (Accounting for Disclosures) because 
making available to a record subject the accounting of disclosures 
from records concerning him or her would specifically reveal any 
investigative interest in the individual. Revealing this information 
could reasonably be expected to compromise ongoing efforts to 
investigate a violation of U.S. law, including investigations of a 
known or suspected terrorist, by notifying the record subject that 
he or she is under investigation. This information could also permit 
the record subject to take measures to impede the investigation 
(e.g., destroy evidence), intimidate potential witnesses, or flee 
the area to avoid or impede the investigation.
    (b) From subsection (e)(8) (Notice on Individuals) because to 
require individual notice of disclosure of information due to 
compulsory legal process would pose an impossible administrative 
burden on DHS and other agencies and could alert the subjects of 
counterterrorism or law enforcement investigations to the fact of 
those investigations when not previously known.
    (c) From subsection (g)(1) (Civil Remedies) to the extent that 
the system is exempt from other specific subsections of the Privacy 
Act.

Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2023-00580 Filed 1-17-23; 8:45 am]
BILLING CODE 9111-14-P