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66557

Rules and Regulations Federal Register


Vol. 83, No. 247

Thursday, December 27, 2018

This section of the FEDERAL REGISTER Docket: For access to the docket to II. Public Comments
contains regulatory documents having general read background documents or DHS received thirty-two comments on
applicability and legal effect, most of which comments received, go to http://
are keyed to and codified in the Code of the CBP CIRS NPRM and four on the
www.regulations.gov. CBP CIRS SORN. Of the thirty-six total
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: For comments, thirteen were erroneously
privacy issues please contact: Chief filed relating to the republication of the
The Code of Federal Regulations is sold by Privacy Officer, Privacy Office Philip S. DHS Alien File, Index, and National
the Superintendent of Documents. Kaplan at 202–343–1717. File Tracking system (A-File). DHS will
SUPPLEMENTARY INFORMATION: not respond to comments regarding the
publication of the A-File SORN in this
DEPARTMENT OF HOMELAND I. Background
Final Rule. Of the remaining substantive
SECURITY The Department of Homeland comments for CIRS: (1) Seventeen
6 CFR Part 5 Security (DHS) U.S. Customs and related to transparency; (2) two related
Border Protection (CBP) published a to the collection of information not
[Docket No. DHS–2018–0064] notice of proposed rulemaking in the specifically relevant to an investigation;
Federal Register (82 FR 44124, and (3) four were duplicates of two
Privacy Act of 1974: Implementation of September 21, 2017) proposing to formal briefs submitted for both the
Exemptions; Department of Homeland exempt portions of this system of
Security (DHS)/U.S. Customs and SORN and the NPRM. The following is
records from one or more provisions of an analysis of the substantive comments
Border Protection (CBP)–024 CBP the Privacy Act because of criminal,
Intelligence Records System (CIRS) and questions submitted by the public.
civil, and administrative enforcement Comment: DHS should not hide what
System of Records requirements. DHS issued the ‘‘DHS/ it is collecting by exempting the
AGENCY: Department of Homeland CBP–024 CBP Intelligence Records information from Privacy Act
Security. System (CIRS) System of Records’’ in protections.
ACTION: Final rule. the Federal Register at 82 FR 44198, on Response: DHS published the CIRS
September 21, 2017, to provide notice to SORN in compliance with the
SUMMARY: The Department of Homeland the public that DHS/CBP collects and notification requirements of the Privacy
Security is issuing a final rule to amend maintains records generated, received, Act, subsection 552a(e)(4), and thus, is
its regulations to exempt portions of a or collected by the CBP Office of being transparent of its collection
newly established system of records Intelligence, or other offices within CBP activities. The CIRS SORN describes the
titled, ‘‘DHS/CBP–024 CBP Intelligence that support the law enforcement information that DHS collects and
Records System (CIRS) System of intelligence mission, that is analyzed retains in association with this system
Records’’ from certain provisions of the and disseminated to CBP executive of records. DHS does not seek to hide
Privacy Act. Specifically, the management and operational units for this collection or exempt it from the
Department exempts portions of the law enforcement, intelligence, notification requirements of the Privacy
‘‘DHS/CBP–024 CBP Intelligence counterterrorism, and other homeland Act; rather, it seeks exemptions to
Records System (CIRS) System of security purposes. CIRS contains data ensure that records critical to law
Records’’ from one or more provisions from a variety of sources within and enforcement and intelligence activities
of the Privacy Act because of criminal, outside of CBP to support law need not be shared in the event that
civil, and administrative enforcement enforcement activities and such sharing might jeopardize the
requirements. investigations of violations of U.S. laws, investigation or otherwise compromise
DATES: This final rule is effective administration of immigration laws and DHS operations.
December 27, 2018. other laws administered or enforced by Comment: DHS’s collection of records
ADDRESSES: You may submit comments, CBP, and production of CBP law in CIRS is overly broad because, as
identified by docket number DHS– enforcement intelligence products. CIRS stated in the NPRM, DHS may be
2018–0064, at: is the exclusive CBP SORN for finished collecting information that ‘‘may not be
• Federal eRulemaking Portal: http:// intelligence products and any raw strictly relevant or necessary to a
www.regulations.gov. Please follow the intelligence information, public source specific investigation.’’
instructions for submitting comments. information, or other information Response: In order to conduct a
• Mail and hand delivery on collected by CBP for an intelligence complete investigation, it is necessary
commercial delivery: U.S. Customs and purpose that is not covered by an for DHS/CBP to collect and review large
Border Protection, Privacy and Diversity existing DHS SORN. CIRS records were amounts of data in order to identify and
Office, ATTN: Privacy Officer—Debra L. previously covered by DHS/CBP–006— understand relationships between
Danisek, 1300 Pennsylvania Ave. NW, Automated Targeting System SORN (77 individuals, entities, threats and events,
Washington, DC 20229. FR 30297, May 22, 2012) and DHS/CBP– and to monitor patterns of activity over
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Instructions: All submissions received 017—Analytical Framework for extended periods of time that may be
must include the agency name and Intelligence SORN (77 FR 13813, June 7, indicative of criminal, terrorist, or other
docket number for this rule. All 2012). threat.
comments received will be posted DHS/CBP invited comments on both Comment: The SORN contains
without change to http:// the Notice of Proposed Rulemaking materially false claims concerning the
www.regulations.gov, including any (NPRM) and System of Records Notice status of the rulemaking for Privacy Act
personal information provided. (SORN). exemptions that are directly

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66558 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations

contradicted by the Notice of Proposed not limited to the enforcement of civil and disclose security-sensitive information that
Rulemaking for those exemptions. criminal laws; investigations, inquiries, and could be detrimental to homeland security.
Response: The Secretary of Homeland proceedings there under; and national (c) From subsection (e)(1) (Relevancy and
security and intelligence activities. The CIRS Necessity of Information) because in the
Security issued a proper NPRM,
contains information that is collected by, on course of investigations into potential
pursuant to the Privacy Act, the Federal behalf of, in support of, or in cooperation violations of Federal law, the accuracy of
Register, and Office of Management and with DHS and its components and may information obtained or introduced
Budget (OMB) requirements, received contain personally identifiable information occasionally may be unclear, or the
comments from the public as part of the collected by other Federal, state, local, tribal, information may not be strictly relevant or
notice and comment procedures of the foreign, or international government necessary to a specific investigation. In the
Administrative Procedure Act, and is agencies. The Secretary of Homeland interests of effective law enforcement, it is
issuing this final rule in conformance Security, pursuant to 5 U.S.C. 552a(j)(2), has appropriate to retain all information that may
exempted this system from the following aid in establishing patterns of unlawful
with those requirements.
provisions of the Privacy Act: 5 U.S.C. activity.
Comment: Proposed routine uses 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (d) From subsection (e)(2) (Collection of
would circumvent Privacy Act (e)(4)(G), (e)(4)(H), (e)(4)(I); (e)(5), and (e)(8); Information from Individuals) because
safeguards and contravene legislative (f); and (g). Additionally, the Secretary of requiring that information be collected from
intent. Homeland Security, pursuant to 5 U.S.C. the subject of an investigation would alert the
Response: DHS’s collection of records 552a(k)(1) and (k)(2), has exempted this subject to the nature or existence of the
in CIRS is intended to permit DHS/CBP system from the following provisions of the investigation, thereby interfering with that
to review large amounts of data in order Privacy Act, 5 U.S.C. 552a(c)(3); (d); (e)(1), investigation and related law enforcement
to identify and understand relationships (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). When this activities.
system receives a record from another system (e) From subsection (e)(3) (Notice to
between individuals, entities, threats
exempted in that source system under 5 Subjects) because providing such detailed
and events, and to monitor patterns of U.S.C. 552a(k)(1), (k)(2), or (j)(2), DHS will information could impede law enforcement
activity over extended periods of time claim the same exemptions for those records by compromising the existence of a
that may be indicative of criminal, that are claimed for the original primary confidential investigation or reveal the
terrorist, or other threat. The SORN is systems of records from which they identity of witnesses or confidential
consistent with the legislative intent of originated and claims any additional informants.
the Privacy Act to ensure fair practices, exemptions set forth here. Exemptions from (f) From subsections (e)(4)(G), (e)(4)(H),
collection, and uses of individuals’ these particular subsections are justified, on and (e)(4)(I) (Agency Requirements) and (f)
personal information. The routine uses, a case by case basis to be determined at the (Agency Rules) because portions of this
time a request is made, for the following system are exempt from the individual access
as written in the CIRS SORN, and
reasons: and amendment provisions of subsection (d)
disclosures of such records, are (a) From subsection (c)(3) and (4) for the reasons noted above, and therefore
compatible with the purpose for which (Accounting for Disclosures) because release DHS is not required to establish
they are originally collected and used by of the accounting of disclosures could alert requirements, rules, or procedures with
DHS/CBP. the subject of an investigation of an actual or respect to such access. Providing notice to
After consideration and review of the potential criminal, civil, or regulatory individuals with respect to existence of
public comments, DHS has determined violation to the existence of that investigation records pertaining to them in the system of
that the exemptions should remain in and reveal investigative interest on the part records or otherwise setting up procedures
place, and will implement the of DHS as well as the recipient agency. pursuant to which individuals may access,
rulemaking as proposed. Disclosure of the accounting would therefore amend, and view records pertaining to
present a serious impediment to law themselves in the system would undermine
List of Subjects in 6 CFR Part 5 enforcement efforts and/or efforts to preserve investigative efforts and reveal the identities
national security. Disclosure of the of witnesses, and potential witnesses, and
Freedom of information, Privacy. accounting would also permit the individual confidential informants.
For the reasons stated in the who is the subject of a record to impede the (g) From subsection (e)(5) (Collection of
preamble, DHS amends Chapter I of investigation, to tamper with witnesses or Information) because with the collection of
Title 6, Code of Federal Regulations, as evidence, and to avoid detection or information for law enforcement purposes, it
follows: apprehension, which would undermine the is impossible to determine in advance what
entire investigative process. Information on a information is accurate, relevant, timely, and
PART 5—DISCLOSURE OF RECORDS completed investigation may be withheld complete. Compliance with subsection (e)(5)
and exempt from disclosure if the fact that would preclude DHS agents from using their
AND INFORMATION investigative training and exercise of good
an investigation occurred remains sensitive
after completion. judgment to both conduct and report on
■ 1. The authority citation for part 5
(b) From subsection (d) (Access and investigations.
continues to read as follows: Amendment to Records) because access to (h) From subsection (e)(8) (Notice on
Authority: 6 U.S.C. 101 et seq.; Pub. L. the records contained in this system of Individuals) because compliance would
107–296, 116 Stat. 2135; 5 U.S.C. 301. records could inform the subject of an interfere with DHS’s ability to obtain, serve,
Subpart A also issued under 5 U.S.C. 552. investigation of an actual or potential and issue subpoenas, warrants, and other law
Subpart B also issued under 5 U.S.C. 552a. criminal, civil, or regulatory violation to the enforcement mechanisms that may be filed
existence of that investigation and reveal under seal and could result in disclosure of
■ 2. Add paragraph 79 to appendix C to investigative interest on the part of DHS or investigative techniques, procedures, and
part 5 to read as follows: another agency. Access to the records could evidence.
Appendix C to Part 5—DHS Systems of permit the individual who is the subject of (i) From subsection (g) to the extent that
a record to impede the investigation, to the system is exempt from other specific
Records Exempt From the Privacy Act
tamper with witnesses or evidence, and to subsections of the Privacy Act relating to
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* * * * * avoid detection or apprehension. individuals’ rights to access and amend their


79. The DHS/CBP–024 CBP Intelligence Amendment of the records could interfere records contained in the system. Therefore,
Records System (CIRS) System of Records with ongoing investigations and law DHS is not required to establish rules or
consists of electronic and paper records and enforcement activities and would impose an procedures pursuant to which individuals
will be used by DHS and its components. The unreasonable administrative burden by may seek a civil remedy for the agency’s
CIRS is a repository of information held by requiring investigations to be continually refusal to amend a record, refusal to comply
DHS in connection with its several and reinvestigated. In addition, permitting access with a request for access to records, failure
varied missions and functions, including, but and amendment to such information could to maintain accurate, relevant timely and

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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 66559

complete records, or its failure to otherwise SUPPLEMENTARY INFORMATION: NOSB recommendations through
comply with an individual’s right to access rulemaking in the proposed rule and
or amend records. I. Background
this final rule. After considering the
Philip S. Kaplan,
On December 21, 2000, the Secretary received comments, AMS has
published the National List of Allowed determined that the additions and
Chief Privacy Officer, Department of
Homeland Security.
and Prohibited Substances in §§ 205.600 amendments described in the proposed
through 205.607 of the USDA organic rule will be included, with a few minor
[FR Doc. 2018–27944 Filed 12–26–18; 8:45 am]
regulations (7 CFR 205.1–205.690). This changes based on comments, in the final
BILLING CODE 9111–14–P
National List identifies the synthetic rule. Section E of this final rule provides
substances that may be used and the an overview of the comments received
nonsynthetic (natural) substances that and AMS’s response on all additions
DEPARTMENT OF AGRICULTURE may not be used in organic production. and amendments.
The National List also identifies
Agricultural Marketing Service synthetic, nonsynthetic nonagricultural, § 205.601 Synthetic Substances
and nonorganic agricultural substances Allowed for Use in Organic Crop
7 CFR Part 205 that may be used in organic handling. Production
[Document Number AMS–NOP–14–0079; The Organic Foods Production Act of
1990, as amended (7 U.S.C. 6501–6522) This final rule amends § 205.601 by
NOP–14–05]
(OFPA), and § 205.105 of the USDA adding three new substances,
RIN 0581 AD60 organic regulations specifically prohibit hypochlorous acid, magnesium oxide,
the use of any synthetic substance in and squid byproducts, to this section
National Organic Program; organic production and handling unless and amends this section by changing the
Amendments to the National List of the synthetic substance is on the annotation of micronutrients as listed in
Allowed and Prohibited Substances National List. Section 205.105 also § 205.601 to include other agricultural
(Crops, Livestock and Handling) requires that any nonorganic practices that may be used in
AGENCY: Agricultural Marketing Service, agricultural and any nonsynthetic maintaining soil fertility.
USDA. nonagricultural substance used in
Hypochlorous Acid
organic handling be on the National
ACTION: Final rule.
List. Under the authority of OFPA, the This final rule adds hypochlorous
SUMMARY: This final rule amends the National List can be amended by the acid to § 205.601 as a chlorine material
National List of Allowed and Prohibited Secretary based on recommendations allowed for use as an algicide,
Substances (National List) provisions of presented by the NOSB. Since the final disinfectant, and sanitizer. Paragraph
the U.S. Department of Agriculture’s rule establishing the National Organic (a)(2)(iii) reads as follows:
(USDA’s) organic regulations to Program (NOP) became effective on Hypochlorous acid—generated from
implement recommendations submitted October 21, 2002, AMS has published electrolyzed water. Upon the effective
to the Secretary of Agriculture multiple rules amending the National date of this final rule hypochlorous acid
(Secretary) by the National Organic List. is allowed as an algicide, disinfectant,
Standards Board (NOSB). This rule This final rule amends the National
and sanitizer, including irrigation
changes the use restrictions for List to implement NOSB
cleaning systems in organic crop
seventeen substances allowed for recommendations on 35 amendments to
production. AMS has reviewed and
organic production or handling on the the National List that were submitted to
agrees with the NOSB recommendation
National List. This rule also adds the Secretary on November 17, 2000,
that hypochlorous acid be allowed for
sixteen new substances on the National September 19, 2002, May 6, 2009,
use in organic crop production. AMS
List to be allowed in organic production November 5, 2009, October 28, 2010,
received comments on the proposed
or handling. In addition, this final rule December 2, 2011, March 20, 2012,
rule for amending hypochlorous acid
lists the botanical pesticide, rotenone, as October 16, 2012, May 2, 2014, April 30,
onto § 205.601.
a prohibited substance in organic crop 2015, October 29, 2015, April 26, 2016,
production. This final rule removes and November 18, 2016. Magnesium Oxide
ivermectin as an allowed parasiticide II. Overview of Amendments This final rule adds magnesium oxide
for use in organic livestock production The following provides an overview to the National List in § 205.601(j) for
and amends our regulations to allow the of the final rule additions and use in controlling the viscosity of a clay
use of parasiticides in fiber bearing amendments to designated sections of suspension agent for humates.
animals. Finally, this rule inserts the National List regulations. Paragraph (j)(5) is added to this section
corrections of instructions and Application and timeline information to read as follows: Magnesium oxide
regulation text as listed in the proposed on the amendments were addressed in (CAS # 1309–48–4)—for use only to
rule. the proposed rule (83 FR 2498) and have control the viscosity of a clay
DATES: Effective date: This rule is not been included in the final rule. In suspension agent for humates. Upon the
effective January 28, 2019. addition, the basis for the NOSB effective date of this rule, magnesium
Implementation Dates: This rule will recommendations was presented in the oxide is allowed in organic crop
be fully implemented January 28, 2019, proposed rule. In summary, the NOSB production as an agent for controlling
except that the amendments for the evaluated each substance by applying the viscosity of clay suspension for
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substances ivermectin, flavors, the OFPA substance evaluation criteria humates. AMS has reviewed and agrees
cellulose, and glycerin will be to determine if the substance is with the NOSB recommendation that
implemented December 27, 2019. compatible with organic production or magnesium oxide acid be allowed for
FOR FURTHER INFORMATION CONTACT: handling. AMS reviewed each NOSB use in organic crop production. AMS
Robert Pooler, Standards Division, recommendation and accepted each received comments on the proposed
National Organic Program. Telephone: recommendation for rulemaking. rule for amending magnesium oxide
(202) 720–3252. Fax: (202) 205–7808. Subsequently, AMS submitted the onto § 205.601.

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