80 FR 74018 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Coast Guard-029 Notice of Arrival and Departure System of Records
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary Federal Register Volume 80, Issue 228 (November 27, 2015)
Office of the Secretary
Federal Register Volume 80, Issue 228 (November 27, 2015)
| Page Range | 74018-74020 | |
| FR Document | 2015-30304 |
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)] [Proposed Rules] [Pages 74018-74020] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30304] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS 2015-0079] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Coast Guard-029 Notice of Arrival and Departure System of Records AGENCY: Privacy Office, Department of Homeland Security. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/United States Coast Guard-029 Notice of Arrival and Departure System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes 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. DATES: Comments must be received on or before December 28, 2015. ADDRESSES: You may submit comments, identified by docket number DHS 2015-0079, by one of the following methods:Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Fax: 202-343-4010. Mail: Karen L. Neuman, 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 http://www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For general questions, please contact: Marilyn Scott-Perez, (202) 475-3515, Privacy Officer, Commandant (CG- 61), United States Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Mail Stop 7710, Washington, DC 20593. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528- 0655. SUPPLEMENTARY INFORMATION: I. Background In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department of Homeland Security (DHS), United States Coast Guard (USCG) is giving notice of a proposed rulemaking that DHS/USCG intends to update its regulations to exempt portions of a system of records from certain provisions of the Privacy Act. Specifically, DHS/USCG proposes to exempt portions of the ``DHS/USCG-029 Notice of Arrival and Departure System of Records'' from one of more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. DHS/USCG is issuing an updated notice and proposed rule for proposed exemptions for these new categories of records pursuant to 5 U.S.C. 552a(j)(2) and 5 U.S.C. 552 a(k)(2). Furthermore, to the extent certain categories of records are ingested from other systems, the [[Page 74019]] exemptions applicable to the source systems will remain in effect. Concurrent with this document, DHS/USCG is updating and reissuing a current DHS system of records titled, ``DHS/USCG-029 Notice of Arrival and Departure (NOAD) System of Records.'' The collection and maintenance of this information assists DHS/USCG in meeting its statutory obligation to assign priorities while conducting maritime safety and security missions in accordance with international and U.S. regulations. In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department of Homeland Security (DHS) United States Coast Guard (USCG) proposes to update and reissue a current DHS system of records titled, ``DHS/USCG-029 Notice of Arrival and Departure (NOAD) System of Records.'' The collection and maintenance of this information assists DHS/USCG in meeting its statutory obligation to assign priorities while conducting maritime safety and security missions in accordance with international and U.S. regulations. DHS/USCG is updating this system of records to (1) clarify the authority for the maintenance of the system to align with the recently published Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System Final Rule (January 30, 2015, 80 FR 5281); (2) update the security classification; (3) change the system location to clarify that NOAD records may be stored on information technology (IT) systems connected to classified networks; (4) update the purpose(s) to align with the updated authorities for collection, pursuant to the newly issued Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System Final Rule and to allow for replication of data for analysis and vetting as part of the DHS Data Framework; (5) update categories of individuals and categories of records to clarify that individuals considered ``non-crew'' for the purposes of this system may include passenger records, as well as organizations; (6) remove routine use (M) because it is not compatible with the original purpose for collection of the records (7) update the retention period and disposal standards to reflect that records will follow the same retention schedule despite their storage in a classified environment; (8) modify the notification procedures to confirm that regardless of record storage on a classified environment, DHS/USCG will review all replicated records; and (9) update the system manager and mailing address to reflect the new mail stop. 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 personally identifiable information. 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 the 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. As a matter of policy, DHS extends administrative Privacy Act protections to all individuals where systems of records maintain information on U.S. citizens, lawful permanent residents, and visitors. 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/USCG-029 Notice of Arrival and Departure System of Records. Some information in DHS/USCG-029 Notice of Arrival and Departure System of Records may be used to support official DHS national security or law enforcement 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 protect information relating to DHS law enforcement investigations from disclosure to subjects of investigations and others who could interfere with investigatory and law enforcement activities. The exemptions are required to preclude subjects of these activities from frustrating the investigative process; to avoid disclosure of investigative techniques; protect the identities and physical safety of confidential informants and of law enforcement personnel; ensure DHS's and other federal agencies' ability to obtain information from third parties and other sources; protect the privacy of third parties; and safeguard sensitive information. Disclosure of information to the subject of the inquiry could also permit the subject to avoid detection or apprehension. 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 will not assert any exemption with respect to information maintained in the system that is collected from a person at the time of arrival or departure, if that person, or his or her agent, seeks access or amendment of such information. The DHS/USCG-029 Notice of Arrival and Departure System of Records Notice 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. 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 paragraph 34 to read as follows: Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy Act * * * * * 34. The DHS/USCG-029 Notice of Arrival and Departure System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/USCG-029 Notice of Arrival and Departure 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. The DHS/USCG-029 Notice of Arrival and Departure 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), exempted this system from the following provisions of the Privacy Act: Sections (c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as is necessary and appropriate to protect this information. Further, DHS has exempted section (c)(3) of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(k)(2) as is necessary and appropriate to protect this information. Exemptions from these particular subsections are justified, on a case-by-case [[Page 74020]] 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) 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. (c) From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. * * * * * Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2015-30304 Filed 11-25-15; 8:45 a.m.] BILLING CODE 9110-04-P
![74018 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Proposed Rules
gift in accordance with the procedures been offered a $300 ticket by a prohibited rulemaking. In this proposed
set forth in this section. The employee source. Although his attendance is not in the rulemaking, the Department proposes to
must promptly complete the authorized interest of the agency under § 2635.204(g), he exempt portions of the system of records
may attend if he reimburses the donor the
disposition of the gift. The obligation to from one or more provisions of the
$300 face value of the ticket.
dispose of a gift that cannot be accepted Privacy Act because of criminal, civil,
under this subpart is independent of an (4) Gifts from foreign governments or and administrative enforcement
agency’s decision regarding corrective international organizations. The requirements.
or disciplinary action under § 2635.106. employee must dispose of gifts from
DATES: Comments must be received on
(1) Gifts of tangible items. The foreign governments or international
or before December 28, 2015.
employee must promptly return any organizations in accordance with 41
ADDRESSES: You may submit comments,
tangible item to the donor, or pay the CFR part 102–42.
(b) An agency may authorize identified by docket number DHS 2015–
donor its market value, or, in the case 0079, by one of the following methods:
that the tangible item has a market value disposition or return of gifts at
Government expense. Employees may • Federal e-Rulemaking Portal:
not in excess of $100, the employee may http://www.regulations.gov. Follow the
destroy the item. An employee who use penalty mail to forward
reimbursements required or permitted instructions for submitting comments.
cannot ascertain the actual market value • Fax: 202–343–4010.
of an item may estimate its market value by this section. • Mail: Karen L. Neuman, Chief
by reference to the retail cost of similar (c) An employee who, on his or her
Privacy Officer, Privacy Office,
items of like quality. See § 2635.203(c). own initiative, promptly complies with
Department of Homeland Security,
the requirements of this section will not
Example 1 to paragraph (a)(1): A Washington, DC 20528.
be deemed to have improperly accepted Instructions: All submissions received
Department of Commerce employee received
an unsolicited gift. An employee who must include the agency name and
a $25 T-shirt from a prohibited source after
providing training at a conference. Because promptly consults his or her agency docket number for this document. All
the gift would not be permissible under an ethics official to determine whether comments received will be posted
exception to this subpart, the employee must acceptance of an unsolicited gift is without change to http://
either return or destroy the T-shirt or proper and who, upon the advice of the www.regulations.gov, including any
promptly reimburse the donor $25. ethics official, returns the gift or personal information provided.
Destruction may be carried out by physical otherwise disposes of the gift in
destruction or by permanently discarding the
Docket: For access to the docket to
accordance with this section, will be read background documents or
T-shirt by placing it in the trash. considered to have complied with the
Example 2 to paragraph (a)(1): To avoid comments received, go to http://
requirements of this section on the www.regulations.gov.
public embarrassment to the seminar
sponsor, an employee of the National Park employee’s own initiative.
(d) Employees are encouraged to FOR FURTHER INFORMATION CONTACT: For
Service did not decline a barometer worth general questions, please contact:
$200 given at the conclusion of his speech on record any actions they have taken to
Federal lands policy. To comply with this properly dispose of gifts that cannot be Marilyn Scott-Perez, (202) 475–3515,
section, the employee must either promptly accepted under this subpart, such as by Privacy Officer, Commandant (CG–61),
return the barometer or pay the donor the sending an electronic mail message to United States Coast Guard, 2703 Martin
market value of the gift. Alternatively, the the appropriate agency ethics official or Luther King Jr. Ave. SE., Mail Stop
National Park Service may choose to accept the employee’s supervisor. 7710, Washington, DC 20593. For
the gift if permitted under specific statutory privacy questions, please contact: Karen
[FR Doc. 2015–29208 Filed 11–25–15; 8:45 am]
gift acceptance authority. The employee may L. Neuman, (202) 343–1717, Chief
not destroy this gift, as the market value is BILLING CODE 6345–02–P
Privacy Officer, Privacy Office,
in excess of $100. Department of Homeland Security,
(2) Gifts of perishable items. When it Washington, DC 20528–0655.
is not practical to return a tangible item DEPARTMENT OF HOMELAND
SUPPLEMENTARY INFORMATION:
in accordance with paragraph (a)(1) of SECURITY
this section because the item is I. Background
perishable, the employee may, at the Office of the Secretary
In accordance with the Privacy Act of
discretion of the employee’s supervisor 1974, 5 U.S.C. 552a, the Department of
or the agency designee, give the item to 6 CFR Part 5
Homeland Security (DHS), United States
an appropriate charity, share the item [Docket No. DHS 2015–0079] Coast Guard (USCG) is giving notice of
within the recipient’s office, or destroy a proposed rulemaking that DHS/USCG
the item. Privacy Act of 1974: Implementation of intends to update its regulations to
Example 1 to paragraph (a)(2): With Exemptions; Department of Homeland exempt portions of a system of records
approval by the recipient’s supervisor, a Security/United States Coast Guard– from certain provisions of the Privacy
floral arrangement sent by a disability 029 Notice of Arrival and Departure Act. Specifically, DHS/USCG proposes
claimant to a helpful employee of the Social System of Records to exempt portions of the ‘‘DHS/USCG–
Security Administration may be placed in the 029 Notice of Arrival and Departure
office’s reception area. AGENCY: Privacy Office, Department of
Homeland Security. System of Records’’ from one of more
(3) Gifts of intangibles. The employee provisions of the Privacy Act because of
ACTION: Notice of proposed rulemaking.
must promptly reimburse the donor the criminal, civil, and administrative
mstockstill on DSK4VPTVN1PROD with PROPOSALS
market value for any entertainment, SUMMARY: The Department of Homeland enforcement requirements. DHS/USCG
favor, service, benefit or other Security is giving concurrent notice of is issuing an updated notice and
intangible. Subsequent reciprocation by an updated and reissued system of proposed rule for proposed exemptions
the employee does not constitute records pursuant to the Privacy Act of for these new categories of records
reimbursement. 1974 for the ‘‘Department of Homeland pursuant to 5 U.S.C. 552a(j)(2) and 5
Example 1 to paragraph (a)(3): A Security/United States Coast Guard–029 U.S.C. 552 a(k)(2). Furthermore, to the
Department of Defense employee wishes to Notice of Arrival and Departure System extent certain categories of records are
attend a charitable event to which he has of Records’’ and this proposed ingested from other systems, the
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![74020 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Proposed Rules
basis to be determined at the time a request (2) an additional test condition for attendee lists and transcripts,
is made, for the following reasons: cooling mode testing; (3) updated comments, and other supporting
(a) From subsection (c)(3) (Accounting for infiltration air and capacity calculations documents/materials, is available for
Disclosures) because release of the to account for the second cooling mode review at www.regulations.gov. All
accounting of disclosures could alert the
subject of an investigation of an actual or
test condition; (4) removal of the documents in the docket are listed in
potential criminal, civil, or regulatory measurement of case heat transfer; (5) a the regulations.gov index. However,
violation to the existence of that investigation clarification of test unit placement some documents listed in the index,
and reveal investigative interest on the part within the test chamber; (6) removal of such as those containing information
of DHS as well as the recipient agency. the heating mode test procedure; (7) a that is exempt from public disclosure,
Disclosure of the accounting would therefore revision to the CEER calculation to may not be publicly available.
present a serious impediment to law reflect the two cooling mode test A link to the docket Web page can be
enforcement efforts and/or efforts to preserve conditions and removal of heating mode found at: http://www.regulations.gov/
national security. Disclosure of the testing; and (8) additional technical #!docketDetail;D=EERE–2014–BT–TP–
accounting would also permit the individual
who is the subject of a record to impede the
corrections and clarifications. These 0014 . This Web page will contain a link
investigation, to tamper with witnesses or proposals are to be combined with the to the docket for this notice on the
evidence, and to avoid detection or initial NOPR proposals and would be www.regulations.gov site. The
apprehension, which would undermine the codified in a newly created appendix www.regulations.gov Web page will
entire investigative process. CC to title 10 of the Code of Federal contain simple instructions on how to
(b) From subsection (e)(8) (Notice on Regulations (CFR), part 430, subpart B. access all documents, including public
Individuals) because compliance would The test procedures would be used to comments, in the docket. See Section V,
interfere with DHS’s ability to obtain, serve, determine capacities and energy ‘‘Public Participation,’’ for information
and issue subpoenas, warrants, and other law efficiency metrics that would be the on how to submit comments through
enforcement mechanisms that may be filed
under seal and could result in disclosure of
basis for any future energy conservation www.regulations.gov.
investigative techniques, procedures, and standards for portable ACs. For further information on how to
evidence. DATES: DOE will accept comments, data, submit a comment, or review other
(c) From subsection (g)(1) (Civil Remedies) and information regarding this SNOPR, public comments and the docket,
to the extent that the system is exempt from submitted no later than December 28, contact Ms. Brenda Edwards at (202)
other specific subsections of the Privacy Act. 2015. See section V, ‘‘Public 586–2945 or by email:
* * * * * Participation,’’ for details. Brenda.Edwards@ee.doe.gov.
Karen L. Neuman, ADDRESSES: Any comments submitted FOR FURTHER INFORMATION CONTACT:
Chief Privacy Officer, Department of must identify the SNOPR for Test Mr. Bryan Berringer, U.S. Department of
Homeland Security. Procedures for Portable Air Energy, Office of Energy Efficiency
Conditioners, and provide docket and Renewable Energy, Building
[FR Doc. 2015–30304 Filed 11–25–15; 8:45 a.m.]
number EERE–2014–BT–TP–0014 and/ Technology Office, EE–5B, 1000
BILLING CODE 9110–04–P Independence Ave. SW., Washington,
or regulatory information number (RIN)
number 1904–AD22. Comments may be DC 20585–0121. Telephone: 202–586–
submitted using any of the following 0371. Email: Bryan.Berringer@
DEPARTMENT OF ENERGY methods: ee.doe.gov.
1. Federal eRulemaking Portal: Ms. Sarah Butler, U.S. Department of
10 CFR Parts 429 and 430 Energy, Office of the General Counsel,
www.regulations.gov. Follow the
[Docket No. EERE–2014– BT–TP–0014] instructions for submitting comments. Mailstop GC–33, 1000 Independence
2. Email: PortableAC2014TP0014@ Ave. SW., Washington, DC 20585–
RIN 1904–AD22 0121. Telephone: 202–586–1777;
ee.doe.gov. Include the docket number
and/or RIN in the subject line of the Email: Sarah.Butler@hq.doe.gov.
Energy Conservation Program: Test
message. SUPPLEMENTARY INFORMATION: DOE
Procedures for Portable Air
Conditioners 3. Mail: Ms. Brenda Edwards, U.S. intends to incorporate by reference the
Department of Energy, Building following industry standard into 10 CFR
AGENCY: Office of Energy Efficiency and Technologies Program, Mailstop EE–5B, parts 429 and 430: AHAM PAC–1–2015,
Renewable Energy, Department of 1000 Independence Avenue SW., Portable Air Conditioners. DOE also
Energy. Washington, DC 20585–0121. If intends to incorporate by reference the
ACTION: Supplemental notice of possible, please submit all items on a following industry standard into 10 CFR
proposed rulemaking. CD. It is not necessary to include part 430: ANSI/ASHRAE Standard 37–
printed copies. 2009, Methods of Testing for Rating
SUMMARY: The U.S. Department of 4. Hand Delivery/Courier: Ms. Brenda Electrically Driven Unitary Air-
Energy (DOE) proposes to modify the Edwards, U.S. Department of Energy, Conditioning and Heat Pump
test procedure proposals for portable air Building Technologies Program, 950 Equipment.
conditioners (ACs), initially presented L’Enfant Plaza SW., Room 6094, Copies of AHAM PAC–1–2015 can be
in a notice of proposed rulemaking Washington, DC 20024. Telephone: obtained from the Association of Home
(NOPR) published on February 25, 2015. (202) 586–2945. If possible, please Appliance Manufacturers 1111 19th
Upon further analysis and review of the submit all items on a CD. It is not Street NW., Suite 402, Washington, DC
mstockstill on DSK4VPTVN1PROD with PROPOSALS
public comments received in response necessary to include printed copies. 20036, 202–872–5955, or by going to
to the February 2015 NOPR, DOE For detailed instructions on http://www.aham.org/ht/d/Product
proposes in this supplemental notice of submitting comments and additional Details/sku/PAC12009/from/714/pid/.
proposed rulemaking (SNOPR) the information on the rulemaking process, Copies of ANSI/ASHRAE Standard
following additions and clarifications to see section V of this document (Public 37–2009 can be obtained from the
its proposed portable AC test procedure: Participation). American National Standards Institute
(1) Minor revisions to the indoor and Docket: The docket, which includes 25 W. 43rd Street, 4th Floor, New York,
outdoor cooling mode test conditions; Federal Register notices, public meeting NY 10036, 212–642–4980, or by going to
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Document Created: 2015-12-14 14:05:00
Document Modified: 2015-12-14 14:05:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments must be received on or before December 28, 2015. | |
| Contact | For general questions, please contact: Marilyn Scott-Perez, (202) 475-3515, Privacy Officer, Commandant (CG- 61), United States Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Mail Stop 7710, Washington, DC 20593. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528- 0655. | |
| FR Citation | 80 FR 74018 | |
| CFR Associated | Freedom of Information and Privacy |
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