Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records, 15981-15982 [2017-06327]
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15981
Rules and Regulations
Federal Register
Vol. 82, No. 61
Friday, March 31, 2017
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.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2016–0075]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/United States Coast Guard–
031 USCG Law Enforcement (ULE)
System of Records
Privacy Office, DHS.
ACTION: Final rule.
AGENCY:
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
newly established system of records
titled, ‘‘Department of Homeland
Security/United States Coast Guard–031
USCG Law Enforcement (ULE) System
of Records’’ from certain provisions of
the Privacy Act. Specifically, the
Department exempts portions of the
‘‘Department of Homeland Security/
United States Coast Guard–031 USCG
Law Enforcement (ULE) System of
Records’’ from one or more provisions
of the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
SUMMARY:
This final rule is effective March
31, 2017.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Marilyn Scott-Perez (202–475–3515),
Privacy Officer, Commandant (CG–61),
United States Coast Guard, Mail Stop
7710, Washington, DC 20593. For
privacy issues please contact: Jonathan
R. Cantor, (202–343–1717), Acting Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
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DATES:
Background
The Department of Homeland
Security (DHS) United States Coast
VerDate Sep<11>2014
14:25 Mar 30, 2017
Jkt 241001
Guard (USCG) published a Notice of
Proposed Rulemaking (NPRM) in the
Federal Register, 81 FR 88635,
December 8, 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. The system of records is
the DHS/USCG–031 USCG Law
Enforcement (ULE) System of Records.
The DHS/USCG–031 USCG Law
Enforcement (ULE) System of Records
notice was published concurrently in
the Federal Register, 81 FR 88697,
December 8, 2016, and comments were
invited on both the NPRM and System
of Records Notice (SORN).
Public Comments
DHS received no comments on the
NPRM and no comments on the SORN.
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
1. Revise the authority citation for part
5 to read as follows:
■
Authority: 6 U.S.C. 101 et seq.; Pub. L.
107–296, 116 Stat. 2135; 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.
■ 2. Add at the end of appendix C to
part 5, paragraph 77 to read as follows:
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
77. The DHS/USCG–031 USCG Law
Enforcement (ULE) System of Records
consists of electronic and paper records
and will be used by DHS and its
components. The DHS/USCG–031
USCG Law Enforcement (ULE) 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; and national
security and intelligence activities. The
DHS/USCG–031 USCG Law
Enforcement (ULE) System of Records
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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(j)(2), has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a (c)(3–4); (d); (e)(1–3),
(e)(5), (e)(8); and (g). Additionally, 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); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). When a record
received from another system has been
exempted in that source system under 5
U.S.C. 552a(j)(2), DHS will claim the
same exemptions for those records that
are claimed for the original primary
systems of records from which they
originated and claims any additional
exemptions set forth here.
Exemptions from these particular
subsections are justified, on a case-bycase basis to be determined at the time
a request is made, for the following
reasons:
(a) From subsection (c)(3) 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.
(b) From subsection (d) (Access to
Records) because access to the 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 the
records could permit the individual
E:\FR\FM\31MRR1.SGM
31MRR1
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15982
Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Rules and Regulations
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 the records could interfere with
ongoing investigations and law
enforcement activities and would
impose an unreasonable administrative
burden by requiring investigations to be
continually reinvestigated. In addition,
permitting access and amendment to
such information could disclose
security-sensitive information that
could be detrimental to homeland
security.
(c) From subsection (e)(1) (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 (e)(2) (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 investigation and related law
enforcement activities.
(e) From subsection (e)(3) (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 subsection (e)(5) (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. Compliance with
subsection (e)(5) would preclude DHS
agents from using their investigative
training and exercise of good judgment
to both conduct and report on
investigations.
(g) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’s 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.
(h) From subsection (g) (Civil
Remedies) to the extent that the system
is exempt from other specific
subsections of the Privacy Act.
VerDate Sep<11>2014
14:25 Mar 30, 2017
Jkt 241001
Dated: March 24, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2017–06327 Filed 3–30–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–9531; Directorate
Identifier 2015–CE–011–AD; Amendment
39–18839; AD 2017–07–01]
RIN 2120–AA64
Airworthiness Directives; M7
Aerospace LLC Models Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
M7 Aerospace LLC Models SA226–T,
SA226–AT, SA226–T(B), SA226–TC,
SA227–AC (C–26A), SA227–AT,
SA227–BC (C–26A), SA227–CC, SA227–
DC (C–26B), and SA227–TT airplanes.
This AD was prompted by detachment
of the power lever linkage to the TPE331
engine propeller pitch control. This AD
requires repetitively inspecting the
propeller pitch control for proper
torque, with corrections as necessary
until required replacement or rework of
the PPC assembly to have a threaded
hole in the splined end of the
shouldered shaft and installation of a
secondary retention device is done. We
are issuing this AD to correct the unsafe
condition on these products.
DATES: This AD is effective May 5, 2017.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of May 5, 2017.
ADDRESSES: For service information
identified in this final rule, contact M7
Aerospace LLC, 10823 NE Entrance
Road, San Antonio, Texas 78216; phone:
(210) 824–9421; fax: (210) 804–7766;
Internet: https://www.elbitsystemsus.com; email: MetroTech@
M7Aerospace.com; or Honeywell
International Inc. 111 S. 34th Street,
Phoenix, Arizona 85034–2802; phone:
(855) 808–6500; email:
AeroTechSupport@honeywell.com;
Internet: https://
aerospace.honeywell.com/en/services/
maintenance-and-monitoring. You may
view this referenced service information
at the FAA, Small Airplane Directorate,
901 Locust, Kansas City, Missouri
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
64106. For information on the
availability of this material at the FAA,
call 816–329–4148. It is also available
on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9531.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9531; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT ONE
OF THE FOLLOWING:
• Justin Carter, ASW–142, Aerospace
Engineer, Fort Worth Airplane
Certification Office (ACO), FAA, 10101
Hillwood Parkway, Fort Worth, Texas
76177–1524; telephone: (817) 222–5146;
fax: (817) 222–5960; email:
justin.carter@faa.gov; or
• Kristin Bradley, ASW–143,
Aerospace Engineer, Fort Worth ACO,
FAA, 10101 Hillwood Parkway, Fort
Worth, Texas 76177–1524; telephone:
(817) 222–5485; fax: (817) 222–5960;
email: kristin.bradley@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain M7 Aerospace LLC
Models SA226–T, SA226–AT, SA226–
T(B), SA226–TC, SA227–AC (C–26A),
SA227–AT, SA227–BC (C–26A),
SA227–CC, SA227–DC (C–26B), and
SA227–TT airplanes. The NPRM
published in the Federal Register on
December 28, 2016 (81 FR 95528). The
NPRM was prompted by reports of the
airplane power lever linkage detaching
from the TPE331 engine propeller pitch
control (PPC) shaft. In flight operations,
detachment may result in fuel flow to
the engine remaining constant
regardless of the power lever movement
by the pilot. The orientation of the
engine on certain M7 Aerospace
airplanes increases the vulnerability of
detachment. The PPC lever is an
airplane part and its detachment from
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]]>Agencies
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Rules and Regulations]
[Pages 15981-15982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06327]
========================================================================
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. 82, No. 61 / Friday, March 31, 2017 / Rules
and Regulations
[[Page 15981]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2016-0075]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/United States Coast Guard-031 USCG Law Enforcement
(ULE) System of Records
AGENCY: Privacy Office, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is issuing a final rule to
amend its regulations to exempt portions of a newly established system
of records titled, ``Department of Homeland Security/United States
Coast Guard-031 USCG Law Enforcement (ULE) System of Records'' from
certain provisions of the Privacy Act. Specifically, the Department
exempts portions of the ``Department of Homeland Security/United States
Coast Guard-031 USCG Law Enforcement (ULE) 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 March 31, 2017.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593.
For privacy issues please contact: Jonathan R. Cantor, (202-343-1717),
Acting Chief Privacy Officer, Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland Security (DHS) United States Coast Guard
(USCG) published a Notice of Proposed Rulemaking (NPRM) in the Federal
Register, 81 FR 88635, December 8, 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. The system of records is the DHS/USCG-031 USCG Law
Enforcement (ULE) System of Records. The DHS/USCG-031 USCG Law
Enforcement (ULE) System of Records notice was published concurrently
in the Federal Register, 81 FR 88697, December 8, 2016, and comments
were invited on both the NPRM and System of Records Notice (SORN).
Public Comments
DHS received no comments on the NPRM and no comments on the SORN.
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. Revise the authority citation for part 5 to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 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. Add at the end of appendix C to part 5, paragraph 77 to read as
follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
77. The DHS/USCG-031 USCG Law Enforcement (ULE) System of Records
consists of electronic and paper records and will be used by DHS and
its components. The DHS/USCG-031 USCG Law Enforcement (ULE) 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; and national security and
intelligence activities. The DHS/USCG-031 USCG Law Enforcement (ULE)
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(j)(2), has exempted this system from the following provisions of
the Privacy Act: 5 U.S.C. 552a (c)(3-4); (d); (e)(1-3), (e)(5), (e)(8);
and (g). Additionally, 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); (d); (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). When a record received from
another system has been exempted in that source system under 5 U.S.C.
552a(j)(2), DHS will claim the same exemptions for those records that
are claimed for the original primary systems of records from which they
originated and claims any additional exemptions set forth here.
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) 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.
(b) From subsection (d) (Access to Records) because access to the
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
the records could permit the individual
[[Page 15982]]
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 the records could interfere with ongoing investigations
and law enforcement activities and would impose an unreasonable
administrative burden by requiring investigations to be continually
reinvestigated. In addition, permitting access and amendment to such
information could disclose security-sensitive information that could be
detrimental to homeland security.
(c) From subsection (e)(1) (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 (e)(2) (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
investigation and related law enforcement activities.
(e) From subsection (e)(3) (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 subsection (e)(5) (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. Compliance with subsection (e)(5) would
preclude DHS agents from using their investigative training and
exercise of good judgment to both conduct and report on investigations.
(g) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS's 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.
(h) From subsection (g) (Civil Remedies) to the extent that the
system is exempt from other specific subsections of the Privacy Act.
Dated: March 24, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2017-06327 Filed 3-30-17; 8:45 am]
BILLING CODE 9110-04-P
