Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection-014 Regulatory Audit Archive System (RAAS) System of Records, 6403-6404 [2022-02004]
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6403
Rules and Regulations
Federal Register
Vol. 87, No. 24
Friday, February 4, 2022
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. USCBP–2021–0050]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Customs and Border
Protection–014 Regulatory Audit
Archive System (RAAS) System of
Records
U.S. Customs and Border
Protection, U.S. Department of
Homeland Security.
AGENCY:
ACTION:
Final rule.
The U.S. Department of
Homeland Security (DHS) is issuing a
final rule to extend the exemptions from
certain provisions of the Privacy Act to
the updated and reissued system of
records titled, ‘‘DHS/U.S. Customs and
Border Protection–014 Regulatory Audit
Archive System (RAAS) System of
Records.’’ Specifically, the Department
exempts portions of this system of
records from one or more provisions of
the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
SUMMARY:
This final rule is effective
February 4, 2022.
DATES:
For
general questions please contact: Debra
Danisek, Privacy.CBP@cbp.dhs.gov,
(202) 344–1610, CBP Privacy Officer,
U.S. Customs and Border Protection,
1300 Pennsylvania Avenue NW,
Washington, DC 20229. For privacy
issues please contact: Lynn Parker
Dupree, Privacy@hq.dhs.gov, (202–343–
1717), Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland
Security, Washington, DC 20528.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:00 Feb 03, 2022
Jkt 256001
I. Background
The U.S. Department of Homeland
Security (DHS) U.S. Customs and
Border Protection (CBP) published a
notice of proposed rulemaking in the
Federal Register, 81 FR 19932, April 6,
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. DHS
reissued the ‘‘DHS/CBP–014 Regulatory
Audit Archive System (RAAS) System
of Records’’ in the Federal Register at
81 FR 19985, April 6, 2016, to provide
notice to the public that DHS/CBP was
updating the categories of records to
include the capture of Employer
Identification Numbers (EIN) or Social
Security numbers (SSN), also known as
a Federal Taxpayer Identifying Number,
pursuant to 19 CFR 24.5, 19 CFR 149.3,
and Executive Order 9397, as amended
by Executive Order 13748.
DHS is revising the previously
claimed exemptions from certain
requirements of the Privacy Act for
DHS/CBP–014 Regulatory Audit
Archive System (RAAS) System of
Records. DHS/CBP is not requesting an
exemption with respect to information
maintained in the system as it relates to
data submitted by or on behalf of a
subject of an audit. The Privacy Act
requires DHS to maintain an accounting
of the disclosures made pursuant to all
routines uses. Disclosing the fact that a
law enforcement or intelligence agency
has sought particular records may affect
ongoing law enforcement activity.
Therefore, pursuant to 5 U.S.C.
552a(k)(2), DHS will claim exemption
from section (c)(3) of the Privacy Act of
1974, as amended, as is necessary and
appropriate to protect this information.
Some information in DHS/CBP–014
Regulatory Audit Archive System
(RAAS) System of Records relates to
official DHS law enforcement activities.
These exemptions are needed to protect
information relating to DHS law
enforcement activities from disclosure
to subjects or others related to these
activities. Specifically, the exemptions
are required to preclude subjects of
these activities from frustrating these
processes; to avoid disclosure of activity
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 parties
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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.
The exemption proposed here is a
standard law enforcement exemption
exercised by a large number of federal
law enforcement agencies. In
appropriate circumstances, where
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.
DHS/CBP invited comments on both
the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice
(SORN).
II. Public Comments
DHS received no comments on the
NPRM or the SORN and 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
1. The authority citation for part 5
continues to read as follows:
■
Authority: 6 U.S.C. 101 et seq.; Pub. L.
107–296, 116 Stat. 2135; 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. In appendix C to part 5, revise
section 25 to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
25. The U.S. Department of Homeland
Security (DHS)/U.S. Customs and
Border Protection (CBP)–014 Regulatory
Audit Archive System (RAAS) System
of Records consists of electronic and
paper records and will be used by DHS
and its Components. The DHS/CBP–014
RAAS 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, and investigations,
inquiries, and proceedings there under.
E:\FR\FM\04FER1.SGM
04FER1
6404
Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Rules and Regulations
The DHS/CBP–014 RAAS 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)(2), has exempted this
system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3).
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/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) [Reserved]
*
*
*
*
*
Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of
Homeland Security.
[FR Doc. 2022–02004 Filed 2–3–22; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0088; Project
Identifier AD–2022–00041–A; Amendment
39–21941; AD 2022–03–23]
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RIN 2120–AA64
Airworthiness Directives; Textron
Aviation Inc. (Type Certificate
Previously Held by Raytheon Aircraft
Company, Hawker Beechcraft
Corporation, and Beechcraft
Corporation) Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
VerDate Sep<11>2014
16:00 Feb 03, 2022
Jkt 256001
ACTION:
Final rule; request for
comments.
other information. The street address for
the Docket Operations is listed above.
The FAA is adopting a new
airworthiness directive (AD) for certain
Textron Aviation Inc. (type certificate
previously held by Raytheon Aircraft
Company, Hawker Beechcraft
Corporation, and Beechcraft
Corporation) (Textron) Model 300,
300LW, B300, and B300C airplanes.
This AD was prompted by a report of a
timing issue where the yaw servo
software can generate a motor position
fault when the pilot applies rudder
input at the same time the rudder boost
system is activated, which disables the
rudder boost function and leads to a
reduced ability of the flight crew to
maintain the safe flight and landing of
the airplane or loss of control of the
airplane. This AD requires updating the
software version of the yaw servo. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective February 22,
2022.
The FAA must receive comments on
this AD by March 21, 2022.
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–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this final rule, contact Garmin
International, Garmin Aviation Support,
1200 E 151st Street, Olathe, KS 66062;
phone: (866) 739–5687; website: https://
fly.garmin.com/fly-garmin/support/.
You may view this service information
at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901
Locust St., Kansas City, MO 64106. For
information on the availability of this
material at the FAA, call (817) 222–
5110.
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2022–0088; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
final rule, any comments received, and
PO 00000
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Fmt 4700
Sfmt 4700
Phil
Petty, Aviation Safety Engineer, Wichita
ACO Branch, FAA, 1801 Airport Road,
Wichita, KS 67209; phone: (316) 946–
4139; email: philip.petty@faa.gov or
Wichita-COS@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
Garmin informed the FAA of a
problem during flight testing with the
Garmin International, Inc., G1000
integrated avionics system installed on
Textron Model 300, 300LW, B300, and
B300C airplanes in accordance with
Supplemental Type Certificate (STC)
No. SA01535WI–D. A timing issue in
the yaw servo software can generate a
motor position fault when the pilot
applies rudder input at the same time
the rudder boost system is activated,
which disables the rudder boost
function.
The rudder boost system applies
additional rudder force, using the GSA
9000 yaw servo, following loss of an
engine or significant loss of thrust,
which limits the rudder force required
to maintain directional control of the
airplane. Loss of the rudder boost
system without warning before the
moment rudder boost is needed could
result in the inability of the flight crew
to maintain the safe flight and landing
of the airplane or loss of control of the
airplane. The FAA is issuing this AD to
address the unsafe condition on these
products.
FAA’s Determination
The FAA is issuing this AD because
the agency has determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
Related Service Information
The FAA reviewed Garmin STC
Service Bulletin No. 21120, Revision A,
dated December 10, 2021. This service
information specifies updating the
software version of the GSA 9000 yaw
servo to version 2.14.
The FAA also reviewed Garmin
Service Alert No. 21119, Revision A,
dated November 18, 2021; and Garmin
Service Alert No. 21119, Revision B,
dated December 10, 2021. Revision A of
this service information advises owners
and operators of the unsafe condition
previously described, while Revision B
identifies the resolution by complying
with Garmin STC Service Bulletin No.
21120, Revision A, dated December 10,
2021.
E:\FR\FM\04FER1.SGM
04FER1
]]>Agencies
[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Rules and Regulations]
[Pages 6403-6404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02004]
========================================================================
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. 87, No. 24 / Friday, February 4, 2022 / Rules
and Regulations
[[Page 6403]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. USCBP-2021-0050]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Customs and Border Protection-014 Regulatory
Audit Archive System (RAAS) System of Records
AGENCY: U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Homeland Security (DHS) is issuing a
final rule to extend the exemptions from certain provisions of the
Privacy Act to the updated and reissued system of records titled,
``DHS/U.S. Customs and Border Protection-014 Regulatory Audit Archive
System (RAAS) System of Records.'' Specifically, the Department exempts
portions of this system of records from one or more provisions of the
Privacy Act because of criminal, civil, and administrative enforcement
requirements.
DATES: This final rule is effective February 4, 2022.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Debra Danisek, [email protected], (202) 344-1610, CBP Privacy
Officer, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue
NW, Washington, DC 20229. For privacy issues please contact: Lynn
Parker Dupree, [email protected], (202-343-1717), Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS) U.S. Customs and
Border Protection (CBP) published a notice of proposed rulemaking in
the Federal Register, 81 FR 19932, April 6, 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. DHS reissued the ``DHS/CBP-014 Regulatory Audit Archive
System (RAAS) System of Records'' in the Federal Register at 81 FR
19985, April 6, 2016, to provide notice to the public that DHS/CBP was
updating the categories of records to include the capture of Employer
Identification Numbers (EIN) or Social Security numbers (SSN), also
known as a Federal Taxpayer Identifying Number, pursuant to 19 CFR
24.5, 19 CFR 149.3, and Executive Order 9397, as amended by Executive
Order 13748.
DHS is revising the previously claimed exemptions from certain
requirements of the Privacy Act for DHS/CBP-014 Regulatory Audit
Archive System (RAAS) System of Records. DHS/CBP is not requesting an
exemption with respect to information maintained in the system as it
relates to data submitted by or on behalf of a subject of an audit. The
Privacy Act requires DHS to maintain an accounting of the disclosures
made pursuant to all routines uses. Disclosing the fact that a law
enforcement or intelligence agency has sought particular records may
affect ongoing law enforcement activity. Therefore, pursuant to 5
U.S.C. 552a(k)(2), DHS will claim exemption from section (c)(3) of the
Privacy Act of 1974, as amended, as is necessary and appropriate to
protect this information.
Some information in DHS/CBP-014 Regulatory Audit Archive System
(RAAS) System of Records relates to official DHS law enforcement
activities. These exemptions are needed to protect information relating
to DHS law enforcement activities from disclosure to subjects or others
related to these activities. Specifically, the exemptions are required
to preclude subjects of these activities from frustrating these
processes; to avoid disclosure of activity 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 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.
The exemption proposed here is a standard law enforcement exemption
exercised by a large number of federal law enforcement agencies. In
appropriate circumstances, where 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.
DHS/CBP invited comments on both the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice (SORN).
II. Public Comments
DHS received no comments on the NPRM or the SORN and will implement
the rulemaking as proposed.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS amends chapter I of
title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation for part 5 continues to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
0
2. In appendix C to part 5, revise section 25 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
25. The U.S. Department of Homeland Security (DHS)/U.S. Customs and
Border Protection (CBP)-014 Regulatory Audit Archive System (RAAS)
System of Records consists of electronic and paper records and will be
used by DHS and its Components. The DHS/CBP-014 RAAS 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, and investigations,
inquiries, and proceedings there under.
[[Page 6404]]
The DHS/CBP-014 RAAS 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)(2), has exempted this system from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3).
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/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) [Reserved]
* * * * *
Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2022-02004 Filed 2-3-22; 8:45 am]
BILLING CODE 9111-14-P
