Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-039 Foreign Access Management System of Records, 34884-34885 [2017-15751]
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34884
Proposed Rules
Federal Register
Vol. 82, No. 143
Thursday, July 27, 2017
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.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2017–0025]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/ALL–039 Foreign Access
Management System of Records
Privacy Office, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Department of Homeland
Security is giving concurrent notice of a
newly established system of records
pursuant to the Privacy Act of 1974 for
the ‘‘Department of Homeland Security/
ALL–039 Foreign Access Management
System of Records’’ and this proposed
rulemaking. In this proposed
rulemaking, the Department proposes to
exempt portions of this system of
records from one or more provisions of
the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
SUMMARY:
Comments must be received on
or before August 28, 2017.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2017–0025, by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this document. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
mstockstill on DSK30JT082PROD with PROPOSALS
DATES:
VerDate Sep<11>2014
17:09 Jul 26, 2017
Jkt 241001
comments received, go to https://
www.regulations.gov.
For
general and privacy-related questions
please contact: Jonathan R. Cantor,
(202–343–1717), Acting Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
The Department of Homeland
Security (DHS) is proposing to update
applicable regulations to exempt
portions of a newly established system
of records from certain provisions of the
Privacy Act. Specifically, this rule
exempts portions of the ‘‘DHS/ALL–039
Foreign Access Management System of
Records,’’ which is being proposed
concurrently with this Notice of
Proposed Rulemaking elsewhere in this
issue of the Federal Register, from one
or more provisions of the Privacy Act
because of criminal, civil, and
administrative enforcement
requirements, pursuant to 5 U.S.C.
552a(k)(1), (k)(2), and (k)(5).
Furthermore, to the extent certain
categories of records are ingested from
other systems, the exemptions
applicable to the source systems will
remain in effect.
DHS is publishing this system of
records document to provide
transparency on how DHS collects, uses,
maintains, and disseminates
information relating to foreign nationals
who seek access to DHS and partner
U.S. Government (USG) agency
personnel, information, facilities,
programs, research, studies, and
information technology (IT) systems.
The DHS Office of the Chief Security
Officer (OCSO)/Center for International
Safety & Security (CISS) Foreign Access
Management (FAM) program uses the
Foreign Access Management System
(FAMS) to manage the risk assessment
process for foreign nationals requesting
access to DHS and partner agencies.
DHS is responsible for conducting
screening of all foreign nationals and
foreign entities seeking access to DHS
personnel, information, facilities,
programs, and IT systems, including:
Dual U.S. citizens and lawful permanent
residents (LPR) representing foreign
interests; LPRs providing construction
or contractual services (e.g., food
services, janitorial services); and foreign
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
contacts and foreign visitors reported by
DHS and partner USG agency
employees who have met and/or
befriended such contacts and visitors
outside the scope of the employee’s
official duties.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which Federal Government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. Additionally, and similarly,
the Judicial Redress Act (JRA) provides
a statutory right to covered persons to
make requests for access and
amendment to covered records, as
defined by the JRA, along with judicial
review for denials of such requests. In
addition, the JRA prohibits disclosures
of covered records, except as otherwise
permitted by the Privacy Act.
The Privacy Act allows government
agencies to exempt certain records from
the access and amendment provisions. If
an agency claims an exemption,
however, it must issue a Notice of
Proposed Rulemaking to make clear to
the public the reasons why a particular
exemption is claimed.
DHS is claiming exemptions from
certain requirements of the Privacy Act
for DHS/ALL–039 Foreign Access
Management System of Records. Some
information in DHS/ALL–039 Foreign
Access Management System of Records
relates to official DHS national security,
law enforcement, immigration,
intelligence activities. These
exemptions are needed to protect
information relating to DHS activities
from disclosure to subjects or others
related to these activities. Specifically,
the exemptions are required to avoid
disclosure of screening techniques; to
protect the identities and physical safety
of confidential informants and law
enforcement personnel; to ensure DHS’s
ability to obtain information from third
E:\FR\FM\27JYP1.SGM
27JYP1
Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Proposed Rules
parties and other sources; to protect the
privacy of third parties; and to safeguard
classified information. Disclosure of
information to the subject of the inquiry
could also permit the subject to avoid
detection or apprehension.
In appropriate circumstances, when
compliance would not appear to
interfere with or adversely affect the law
enforcement purposes of this system
and the overall law enforcement
process, the applicable exemptions may
be waived on a case by case basis.
A notice of system of records for DHS/
ALL–039 Foreign Access Management
System of Records is also published in
this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
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.
2. Amend appendix C to part 5 by
adding paragraph 78 to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
mstockstill on DSK30JT082PROD with PROPOSALS
*
*
*
*
*
78. The DHS/ALL–039 Foreign Access
Management System of Records consists
of electronic and paper records and will
be used by DHS and its components.
The DHS/ALL–039 Foreign Access
Management 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/ALL–039 Foreign Access
Management 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)(1), (k)(2),
and (k)(5), 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
VerDate Sep<11>2014
17:09 Jul 26, 2017
Jkt 241001
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) (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 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. When
an investigation has been completed,
information on disclosures made may
continue to be exempted if the fact that
an investigation occurred remains
sensitive after completion.
(b) From subsection (d) (Access and
Amendment 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
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.
(f) From subsections (e)(4)(G),
(e)(4)(H), and (e)(4)(I) (Agency
Requirements) and (f) (Agency Rules),
because portions of this system are
exempt from the individual access
provisions of subsection (d) for the
reasons noted above, and therefore DHS
is not required to establish
requirements, rules, or procedures with
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Frm 00002
Fmt 4702
Sfmt 4702
34885
respect to such access. Providing notice
to individuals with respect to existence
of records pertaining to them in the
system of records or otherwise setting
up procedures pursuant to which
individuals may access and view
records pertaining to themselves in the
system would undermine investigative
efforts and reveal the identities of
witnesses, and potential witnesses, and
confidential informants.
Dated: July 20, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2017–15751 Filed 7–26–17; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0710; Directorate
Identifier 2017–NM–019–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Airbus Model A300 B4–600R series
airplanes; Model A300 B4–603, B4–620,
and B4–622 airplanes; Model A300 C4–
605R Variant F airplanes; and Model
A300 F4–605R airplanes. This proposed
AD was prompted by a determination
that the top stringer joints at rib 18 are
an area of uniform stress distribution,
which indicates that cracks may
develop in adjacent stringers at the same
time. This proposed AD would require
an inspection of the upper wing skin
and top stringer joints, and modification
of the stringer joint couplings if
necessary. We are proposing this AD to
address the unsafe condition on these
products.
DATES: We must receive comments on
this proposed AD by September 11,
2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
SUMMARY:
E:\FR\FM\27JYP1.SGM
27JYP1
Agencies
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Proposed Rules]
[Pages 34884-34885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15751]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 /
Proposed Rules
[[Page 34884]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2017-0025]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/ALL-039 Foreign Access Management System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is giving concurrent
notice of a newly established system of records pursuant to the Privacy
Act of 1974 for the ``Department of Homeland Security/ALL-039 Foreign
Access Management System of Records'' and this proposed rulemaking. In
this proposed rulemaking, the Department proposes to exempt portions of
this system of records from one or more provisions of the Privacy Act
because of criminal, civil, and administrative enforcement
requirements.
DATES: Comments must be received on or before August 28, 2017.
ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0025, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this document. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general and privacy-related
questions please contact: Jonathan R. Cantor, (202-343-1717), Acting
Chief Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland Security (DHS) is proposing to update
applicable regulations to exempt portions of a newly established system
of records from certain provisions of the Privacy Act. Specifically,
this rule exempts portions of the ``DHS/ALL-039 Foreign Access
Management System of Records,'' which is being proposed concurrently
with this Notice of Proposed Rulemaking elsewhere in this issue of the
Federal Register, from one or more provisions of the Privacy Act
because of criminal, civil, and administrative enforcement
requirements, pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5).
Furthermore, to the extent certain categories of records are ingested
from other systems, the exemptions applicable to the source systems
will remain in effect.
DHS is publishing this system of records document to provide
transparency on how DHS collects, uses, maintains, and disseminates
information relating to foreign nationals who seek access to DHS and
partner U.S. Government (USG) agency personnel, information,
facilities, programs, research, studies, and information technology
(IT) systems. The DHS Office of the Chief Security Officer (OCSO)/
Center for International Safety & Security (CISS) Foreign Access
Management (FAM) program uses the Foreign Access Management System
(FAMS) to manage the risk assessment process for foreign nationals
requesting access to DHS and partner agencies. DHS is responsible for
conducting screening of all foreign nationals and foreign entities
seeking access to DHS personnel, information, facilities, programs, and
IT systems, including: Dual U.S. citizens and lawful permanent
residents (LPR) representing foreign interests; LPRs providing
construction or contractual services (e.g., food services, janitorial
services); and foreign contacts and foreign visitors reported by DHS
and partner USG agency employees who have met and/or befriended such
contacts and visitors outside the scope of the employee's official
duties.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. Additionally, and similarly, the Judicial Redress
Act (JRA) provides a statutory right to covered persons to make
requests for access and amendment to covered records, as defined by the
JRA, along with judicial review for denials of such requests. In
addition, the JRA prohibits disclosures of covered records, except as
otherwise permitted by the Privacy Act.
The Privacy Act allows government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/ALL-039 Foreign Access Management System of Records. Some
information in DHS/ALL-039 Foreign Access Management System of Records
relates to official DHS national security, law enforcement,
immigration, intelligence activities. These exemptions are needed to
protect information relating to DHS activities from disclosure to
subjects or others related to these activities. Specifically, the
exemptions are required to avoid disclosure of screening techniques; to
protect the identities and physical safety of confidential informants
and law enforcement personnel; to ensure DHS's ability to obtain
information from third
[[Page 34885]]
parties and other sources; to protect the privacy of third parties; and
to safeguard classified information. Disclosure of information to the
subject of the inquiry could also permit the subject to avoid detection
or apprehension.
In appropriate circumstances, when compliance would not appear to
interfere with or adversely affect the law enforcement purposes of this
system and the overall law enforcement process, the applicable
exemptions may be waived on a case by case basis.
A notice of system of records for DHS/ALL-039 Foreign Access
Management System of Records is also published in this issue of the
Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS proposes to amend
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.
0
2. Amend appendix C to part 5 by adding paragraph 78 to read as
follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
78. The DHS/ALL-039 Foreign Access Management System of Records
consists of electronic and paper records and will be used by DHS and
its components. The DHS/ALL-039 Foreign Access Management 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/ALL-039 Foreign Access Management
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)(1), (k)(2), and (k)(5), 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) (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 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. When an
investigation has been completed, information on disclosures made may
continue to be exempted if the fact that an investigation occurred
remains sensitive after completion.
(b) From subsection (d) (Access and Amendment 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 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.
(f) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency
Requirements) and (f) (Agency Rules), because portions of this system
are exempt from the individual access provisions of subsection (d) for
the reasons noted above, and therefore DHS is not required to establish
requirements, rules, or procedures with respect to such access.
Providing notice to individuals with respect to existence of records
pertaining to them in the system of records or otherwise setting up
procedures pursuant to which individuals may access and view records
pertaining to themselves in the system would undermine investigative
efforts and reveal the identities of witnesses, and potential
witnesses, and confidential informants.
Dated: July 20, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2017-15751 Filed 7-26-17; 8:45 am]
BILLING CODE 9110-9B-P