Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-039 Foreign Access Management System of Records, 35537-35538 [2018-16024]

Download as PDF 35537 Rules and Regulations Federal Register Vol. 83, No. 145 Friday, July 27, 2018 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. Public Comments DHS received no comments on the NPRM and no comments on the SORN. After consideration of the lack of public comments, the Department will implement the rulemaking as proposed. DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS–2018–0039] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL–039 Foreign Access Management System of Records Department of Homeland Security. ACTION: Final rule. AGENCY: The Department of Homeland Security (DHS) is issuing a final rule to amend its regulations to exempt portions of an updated and reissued system of records titled, ‘‘Department of Homeland Security/ALL–039 Foreign Access Management System of Records’’ from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ‘‘Department of Homeland Security/ALL–039 Foreign Access Management System of Records’’ from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. This final rule is effective July 27, 2018. FOR FURTHER INFORMATION CONTACT: For general and privacy-related questions please contact: Philip S. Kaplan, Privacy@hq.dhs.gov, (202) 343–1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: DATES: amozie on DSK3GDR082PROD with RULES Background DHS published a notice of proposed rulemaking (NPRM) in the Federal Register (83 FR 19020, May 1, 2018) proposing to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative 16:44 Jul 26, 2018 Jkt 244001 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 SUMMARY: VerDate Sep<11>2014 enforcement requirements. The system of records is the DHS/ALL–039 Foreign Access Management System of Records. The DHS/ALL–039 Foreign Access Management System of Records system of records notice (SORN) was published in the Federal Register (83 FR 19078, May 1, 2018) and comments were invited on both the NPRM and SORN. 1. The authority citation for part 5 is revised 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 paragraph 78 to appendix C to part 5 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 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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. (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 subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency Requirements) and (f) E:\FR\FM\27JYR1.SGM 27JYR1 35538 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations (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. [Docket No. FAA–2018–0286; Product Identifier 2018–CE–008–AD; Amendment 39–19340; AD 2018–15–08] Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. For service information identified in this AD, contact Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email: pacific@ aerospace.co.nz; internet: www.aerospace.co.nz. You may view this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. It is also available on the internet at http:// www.regulations.gov by searching for Docket No. FAA–2018–0286. FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329– 4144; fax: (816) 329–4090; email: mike.kiesov@faa.gov. SUPPLEMENTARY INFORMATION: RIN 2120–AA64 Discussion Philip S. Kaplan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2018–16024 Filed 7–26–18; 8:45 am] BILLING CODE 9110–9B–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Airworthiness Directives; Pacific Aerospace Limited Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for Pacific Aerospace Limited Model 750XL airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as airplane sound insulation materials attached to the aft face of the firewall not complying with the applicable burn testing criteria for materials on the cabin side of the firewall. We are issuing this AD to require actions to address the unsafe condition on these products. DATES: This AD is effective August 31, 2018. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of August 31, 2018. ADDRESSES: You may examine the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2018– 0286; or in person at Docket Operations, U.S. Department of Transportation, amozie on DSK3GDR082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:44 Jul 26, 2018 Jkt 244001 We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to Pacific Aerospace Limited Model 750XL airplanes. The NPRM was published in the Federal Register on April 11, 2018 (83 FR 15517). The NPRM proposed to correct an unsafe condition for the specified products and was based on mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country. The MCAI states: The sound insulation material on the aft face of the firewall must comply with the applicable burn test criteria specified in FAR [14 CFR] 23.853(f). [As of August 30, 2017, § 23.853 was replaced by § 23.2325 (81 FR 96572, December 30, 2016).] Inspect the aft face of the firewall and determine if sound insulation material is installed per the instructions in Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/095 issue 1, dated 21 December 2017, or later approved revision. If a layer of black foam insulating material is found covering the firewall, then remove the material per the instructions in MSB PACSB/XL/095 before further flight. The MCAI can be found in the AD docket on the internet at: https:// www.regulations.gov/ document?D=FAA-2018-0286-0002. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 on the determination of the cost to the public. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting the AD as proposed. Related Service Information Under 1 CFR Part 51 We reviewed Pacific Aerospace Service Bulletin PACSB/XL/095, Issue 1, dated December 21, 2017. The service information describes procedures for inspection of the airplane sound insulation attached to the aft face of the firewall and removal if necessary. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD will affect 22 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $1,870, or $85 per product. In addition, we estimate that any necessary follow-on actions would take about 8 work-hours, for a cost of $680 per product. We have no way of determining the number of products that may need these actions. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. E:\FR\FM\27JYR1.SGM 27JYR1

Agencies

[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Rules and Regulations]
[Pages 35537-35538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16024]



========================================================================
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. 83, No. 145 / Friday, July 27, 2018 / Rules 
and Regulations

[[Page 35537]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2018-0039]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/ALL-039 Foreign Access Management System of Records

AGENCY: Department of Homeland Security.

ACTION: Final rule.

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

SUMMARY: The Department of Homeland Security (DHS) is issuing a final 
rule to amend its regulations to exempt portions of an updated and 
reissued system of records titled, ``Department of Homeland Security/
ALL-039 Foreign Access Management System of Records'' from certain 
provisions of the Privacy Act. Specifically, the Department exempts 
portions of the ``Department of Homeland Security/ALL-039 Foreign 
Access Management 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 July 27, 2018.

FOR FURTHER INFORMATION CONTACT: For general and privacy-related 
questions please contact: Philip S. Kaplan, [email protected], (202) 
343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland 
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

Background

    DHS published a notice of proposed rulemaking (NPRM) in the Federal 
Register (83 FR 19020, May 1, 2018) 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/ALL-039 Foreign Access 
Management System of Records. The DHS/ALL-039 Foreign Access Management 
System of Records system of records notice (SORN) was published in the 
Federal Register (83 FR 19078, May 1, 2018) and comments were invited 
on both the NPRM and SORN.

Public Comments

    DHS received no comments on the NPRM and no comments on the SORN. 
After consideration of the lack of 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 is revised 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 paragraph 78 to appendix C to part 5 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.
    (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 subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements) and (f)

[[Page 35538]]

(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.

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-16024 Filed 7-26-18; 8:45 am]
BILLING CODE 9110-9B-P