81 FR 72551 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security, United States Customs and Border Protection DHS/CBP-023 Border Patrol Enforcement Records, System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range		72551-72552
FR Document		2016-25209

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 (DHS)/U.S. Customs and Border Protection (CBP)-023 Border Patrol Enforcement Records (BPER) 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.

Federal Register, Volume 81 Issue 203 (Thursday, October 20, 2016)

[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Proposed Rules]
[Pages 72551-72552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25209]


========================================================================
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. 81, No. 203 / Thursday, October 20, 2016 / 
Proposed Rules

[[Page 72551]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2016-0070]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security, United States Customs and Border Protection DHS/CBP-
023 Border Patrol Enforcement Records, 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 a newly established system of records pursuant to the Privacy 
Act of 1974 for the ``Department of Homeland Security (DHS)/U.S. 
Customs and Border Protection (CBP)-023 Border Patrol Enforcement 
Records (BPER) 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 November 21, 2016.

ADDRESSES:  You may submit comments, identified by docket number DHS-
2016-0070, 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: 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 notice. 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: 
Debra L. Danisek, (202) 344-1610, Acting Privacy Officer, U.S. Customs 
and Border Protection, Washington, DC 20229. For privacy 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

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security/U.S. Customs and Border Protection 
proposes to establish a new DHS system of records titled, ``DHS/CBP-023 
Border Patrol Enforcement Records (BPER) System of Records.'' 
Concurrent with this newly issued system of records, DHS/CBP is 
proposing to exempt the BPER System of Records from certain provisions 
of the 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 when systems of records maintain information on U.S. 
citizens, lawful permanent residents, and visitors.
    The Privacy Act permits 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 BPER System of Records. Some information in BPER System of 
Records relates to official DHS national security, law enforcement, 
immigration, and 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 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 exemptions proposed here are exercised by a large number of 
federal law enforcement agencies to support law enforcement and 
national security missions. 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 BPER 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. The authority citation for part 5 continues to read as follows:

    Authority:  6 U.S.C. 101 et seq.; Public Law 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. Amend appendix C to add paragraph 74 to read as follows:

[[Page 72552]]

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    74. The DHS/CBP-023 Border Patrol Enforcement Records (BPER) 
System of Records consists of electronic and paper records and will 
be used by DHS and its components. The DHS/CBP-023 Border Patrol 
Enforcement Records 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/
CBP-023 Border Patrol Enforcement Records System of Records contains 
information that is collected by, on behalf of, in support of, or in 
cooperation with DHS and its components and may contain personally 
identifiable information collected by other federal, state, local, 
tribal, foreign, or international government agencies. The Secretary 
of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted 
this system from the following provisions of the Privacy Act: 5 
U.S.C. 552a (c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(5), (e)(8); and (g). Additionally, the Secretary of 
Homeland Security, pursuant to 5 U.S.C. 552a(k)(2), has exempted 
this system from the following provisions of the Privacy Act: 5 
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), and (e)(4)(H). When 
records received from another system have been exempted in that 
source system under 5 U.S.C. 552a(j)(2), DHS will claim the same 
exemptions for those records that are claimed for the original 
primary systems of records from which they originated, and claims 
any additional exemptions set forth here. Exemptions from these 
particular subsections are justified, on a case-by-case basis to be 
determined at the time a request is made, for the following reasons:
    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
as well as the recipient agency. Disclosure of the accounting would 
therefore present a serious impediment to law enforcement efforts 
and/or efforts to preserve national security. Disclosure of the 
accounting would also permit the individual who is the subject of a 
record to impede the investigation, to tamper with witnesses or 
evidence, and to avoid detection or apprehension, which would 
undermine the entire investigative process.
    (b) From subsection (d) (Access 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 the 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 impossible administrative burden by requiring 
investigations to be continuously reinvestigated. In addition, 
permitting access and amendment to such information could disclose 
security-sensitive information that could be detrimental to homeland 
security.
    (c) From subsection (e)(1) (Relevancy and Necessity of 
Information) because in the course of investigations into potential 
violations of Federal law, the accuracy of information obtained or 
introduced occasionally may be unclear or the information may not be 
strictly relevant or necessary to a specific investigation. In the 
interests of effective law enforcement, it is appropriate to retain 
all information that may aid in establishing patterns of unlawful 
activity.
    (d) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject to the 
nature or existence of an investigation, thereby interfering with 
the related investigation and law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information would impede law enforcement in 
that it could compromise investigations by: Revealing the existence 
of an otherwise confidential investigation and thereby provide an 
opportunity for the subject of an investigation to conceal evidence, 
alter patterns of behavior, or take other actions that could thwart 
investigative efforts; reveal the identity of witnesses in 
investigations, thereby providing an opportunity for the subjects of 
the investigations or others to harass, intimidate, or otherwise 
interfere with the collection of evidence or other information from 
such witnesses; or reveal the identity of confidential informants, 
which would negatively affect the informant's usefulness in any 
ongoing or future investigations and discourage members of the 
public from cooperating as confidential informants in any future 
investigations.
    (f) From subsections (e)(4)(G) and (H) (Agency Requirements) 
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 establishing 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.
    (g) From subsection (e)(5) (Collection of Information) because 
in the collection of information for law enforcement purposes it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with (e)(5) would 
preclude DHS agents from using their investigative training and 
exercise of good judgment to both conduct and report on 
investigations.
    (h) 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.
    (i) From subsection (g) to the extent that the system is exempt 
from other specific subsections of the Privacy Act relating to 
individuals' rights to access and amend their records contained in 
the system. Therefore DHS is not required to establish rules or 
procedures pursuant to which individuals may seek a civil remedy for 
the agency's: Refusal to amend a record; refusal to comply with a 
request for access to records; failure to maintain accurate, 
relevant, timely, and complete records; or failure to otherwise 
comply with an individual's right to access or amend records.

    Dated: October 5, 2016.

Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2016-25209 Filed 10-19-16; 8:45 am]
 BILLING CODE 9111-14-P

72551

Proposed Rules Federal Register
Vol. 81, No. 203

Thursday, October 20, 2016

This section of the FEDERAL REGISTER www.regulations.gov, including any the public the reasons why a particular
contains notices to the public of the proposed personal information provided. exemption is claimed.
issuance of rules and regulations. The Docket: For access to the docket to DHS is claiming exemptions from
purpose of these notices is to give interested read background documents or
persons an opportunity to participate in the
certain requirements of the Privacy Act
rule making prior to the adoption of the final
comments received, go to http:// for BPER System of Records. Some
rules. www.regulations.gov. information in BPER System of Records
FOR FURTHER INFORMATION CONTACT: For relates to official DHS national security,
general questions please contact: Debra law enforcement, immigration, and
DEPARTMENT OF HOMELAND L. Danisek, (202) 344–1610, Acting intelligence activities. These
SECURITY Privacy Officer, U.S. Customs and exemptions are needed to protect
Border Protection, Washington, DC information relating to DHS activities
Office of the Secretary from disclosure to subjects or others
20229. For privacy questions, please
contact: Jonathan R. Cantor, (202) 343– related to these activities. Specifically,
6 CFR Part 5 the exemptions are required to preclude
1717, Acting Chief Privacy Officer,
[Docket No. DHS–2016–0070] Privacy Office, Department of Homeland subjects of these activities from
Security, Washington, DC 20528. frustrating these processes; to avoid
Privacy Act of 1974: Implementation of disclosure of activity techniques; to
SUPPLEMENTARY INFORMATION: protect the identities and physical safety
Exemptions; Department of Homeland
Security, United States Customs and I. Background of confidential informants and law
Border Protection DHS/CBP–023 enforcement personnel; to ensure DHS’s
Border Patrol Enforcement Records, In accordance with the Privacy Act of ability to obtain information from third
System of Records 1974, 5 U.S.C. 552a, the Department of parties and other sources; to protect the
Homeland Security/U.S. Customs and privacy of third parties; and to safeguard
AGENCY: Privacy Office, Department of Border Protection proposes to establish classified information. Disclosure of
Homeland Security. a new DHS system of records titled, information to the subject of the inquiry
ACTION: Notice of proposed rulemaking. ‘‘DHS/CBP–023 Border Patrol could also permit the subject to avoid
Enforcement Records (BPER) System of detection or apprehension.
SUMMARY: The Department of Homeland Records.’’ Concurrent with this newly
Security is giving concurrent notice of a The exemptions proposed here are
issued system of records, DHS/CBP is
newly established system of records exercised by a large number of federal
proposing to exempt the BPER System
pursuant to the Privacy Act of 1974 for law enforcement agencies to support
of Records from certain provisions of
the ‘‘Department of Homeland Security law enforcement and national security
the Privacy Act.
(DHS)/U.S. Customs and Border missions. In appropriate circumstances,
The Privacy Act embodies fair
Protection (CBP)–023 Border Patrol when compliance would not appear to
information practice principles in a
Enforcement Records (BPER) System of interfere with or adversely affect the law
statutory framework governing the
Records’’ and this proposed rulemaking. enforcement purposes of this system
means by which Federal Government
In this proposed rulemaking, the and the overall law enforcement
agencies collect, maintain, use, and
Department proposes to exempt process, the applicable exemptions may
disseminate personally identifiable
portions of the system of records from be waived on a case by case basis.
information. The Privacy Act applies to
one or more provisions of the Privacy information that is maintained in a A notice of system of records for
Act because of criminal, civil, and ‘‘system of records.’’ A ‘‘system of BPER System of Records is also
administrative enforcement records’’ is a group of any records under published in this issue of the Federal
requirements. the control of an agency from which Register.
DATES: Comments must be received on information is retrieved by the name of List of Subjects in 6 CFR Part 5
or before November 21, 2016. the individual or by some identifying
number, symbol, or other identifying Freedom of information; Privacy.
ADDRESSES: You may submit comments,
identified by docket number DHS– particular assigned to the individual. In For the reasons stated in the
2016–0070, by one of the following the Privacy Act, an individual is defined preamble, DHS proposes to amend
methods: to encompass U.S. citizens and lawful chapter I of title 6, Code of Federal
• Federal e-Rulemaking Portal: http:// permanent residents. As a matter of Regulations, as follows:
www.regulations.gov. Follow the policy, DHS extends administrative
instructions for submitting comments. Privacy Act protections to all PART 5—DISCLOSURE OF RECORDS
• Fax: 202–343–4010. individuals when systems of records AND INFORMATION
• Mail: Jonathan R. Cantor, Acting maintain information on U.S. citizens,
mstockstill on DSK3G9T082PROD with PROPOSALS

Chief Privacy Officer, Privacy Office, lawful permanent residents, and ■ 1. The authority citation for part 5
Department of Homeland Security, visitors. continues to read as follows:
Washington, DC 20528. The Privacy Act permits Government Authority: 6 U.S.C. 101 et seq.; Public Law
Instructions: All submissions received agencies to exempt certain records from 107–296, 116 Stat. 2135; 5 U.S.C. 301.
must include the agency name and the access and amendment provisions. If Subpart A also issued under 5 U.S.C. 552.
docket number for this notice. All an agency claims an exemption, Subpart B also issued under 5 U.S.C. 552a.
comments received will be posted however, it must issue a Notice of ■ 2. Amend appendix C to add
without change to http:// Proposed Rulemaking to make clear to paragraph 74 to read as follows:

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72552 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Proposed Rules

Appendix C to Part 5—DHS Systems of tamper with witnesses or evidence, and to preclude DHS agents from using their
Records Exempt From the Privacy Act avoid detection or apprehension. investigative training and exercise of good
Amendment of the records could interfere judgment to both conduct and report on
* * * * * with ongoing investigations and law investigations.
74. The DHS/CBP–023 Border Patrol enforcement activities and would impose an (h) From subsection (e)(8) (Notice on
Enforcement Records (BPER) System of impossible administrative burden by Individuals) because compliance would
Records consists of electronic and paper requiring investigations to be continuously interfere with DHS’s ability to obtain, serve,
records and will be used by DHS and its reinvestigated. In addition, permitting access and issue subpoenas, warrants, and other law
components. The DHS/CBP–023 Border and amendment to such information could enforcement mechanisms that may be filed
Patrol Enforcement Records System of disclose security-sensitive information that under seal, and could result in disclosure of
Records is a repository of information held could be detrimental to homeland security. investigative techniques, procedures, and
by DHS in connection with its several and (c) From subsection (e)(1) (Relevancy and evidence.
varied missions and functions, including, but Necessity of Information) because in the (i) From subsection (g) to the extent that
not limited to the enforcement of civil and course of investigations into potential the system is exempt from other specific
criminal laws; investigations, inquiries, and violations of Federal law, the accuracy of subsections of the Privacy Act relating to
proceedings there under; and national information obtained or introduced individuals’ rights to access and amend their
security and intelligence activities. The DHS/ occasionally may be unclear or the records contained in the system. Therefore
CBP–023 Border Patrol Enforcement Records information may not be strictly relevant or DHS is not required to establish rules or
System of Records contains information that necessary to a specific investigation. In the procedures pursuant to which individuals
is collected by, on behalf of, in support of, interests of effective law enforcement, it is may seek a civil remedy for the agency’s:
or in cooperation with DHS and its appropriate to retain all information that may Refusal to amend a record; refusal to comply
components and may contain personally aid in establishing patterns of unlawful with a request for access to records; failure
identifiable information collected by other activity. to maintain accurate, relevant, timely, and
federal, state, local, tribal, foreign, or (d) From subsection (e)(2) (Collection of complete records; or failure to otherwise
international government agencies. The Information from Individuals) because comply with an individual’s right to access
Secretary of Homeland Security, pursuant to requiring that information be collected from or amend records.
5 U.S.C. 552a(j)(2), has exempted this system the subject of an investigation would alert the
Dated: October 5, 2016.
from the following provisions of the Privacy subject to the nature or existence of an
Act: 5 U.S.C. 552a (c)(3), (c)(4); (d); (e)(1), investigation, thereby interfering with the
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), (e)(8); related investigation and law enforcement Jonathan R. Cantor,
and (g). Additionally, the Secretary of activities. Acting Chief Privacy Officer, Department of
Homeland Security, pursuant to 5 U.S.C. (e) From subsection (e)(3) (Notice to Homeland Security.
552a(k)(2), has exempted this system from Subjects) because providing such detailed [FR Doc. 2016–25209 Filed 10–19–16; 8:45 am]
the following provisions of the Privacy Act: information would impede law enforcement
BILLING CODE 9111–14–P
5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), and in that it could compromise investigations
(e)(4)(H). When records received from by: Revealing the existence of an otherwise
another system have been exempted in that confidential investigation and thereby
source system under 5 U.S.C. 552a(j)(2), DHS provide an opportunity for the subject of an DEPARTMENT OF TRANSPORTATION
will claim the same exemptions for those investigation to conceal evidence, alter
records that are claimed for the original patterns of behavior, or take other actions Federal Aviation Administration
primary systems of records from which they that could thwart investigative efforts; reveal
originated, and claims any additional the identity of witnesses in investigations, 14 CFR Part 39
exemptions set forth here. Exemptions from thereby providing an opportunity for the
these particular subsections are justified, on subjects of the investigations or others to [Docket No. FAA–2016–9226; Directorate
a case-by-case basis to be determined at the harass, intimidate, or otherwise interfere Identifier 2016–SW–065–AD]
time a request is made, for the following with the collection of evidence or other
reasons: information from such witnesses; or reveal RIN 2120–AA64
(a) From subsection (c)(3) and (4) the identity of confidential informants,
(Accounting for Disclosures) because release which would negatively affect the Airworthiness Directives; NavWorx,
of the accounting of disclosures could alert informant’s usefulness in any ongoing or Inc. Automatic Dependent Surveillance
the subject of an investigation of an actual or future investigations and discourage Broadcast Universal Access
potential criminal, civil, or regulatory members of the public from cooperating as Transceiver Units
violation to the existence of the investigation, confidential informants in any future
and reveal investigative interest on the part investigations. AGENCY: Federal Aviation
of DHS as well as the recipient agency. (f) From subsections (e)(4)(G) and (H) Administration (FAA), DOT.
Disclosure of the accounting would therefore (Agency Requirements) because portions of ACTION: Notice of proposed rulemaking
present a serious impediment to law this system are exempt from the individual (NPRM).
enforcement efforts and/or efforts to preserve access provisions of subsection (d) for the
national security. Disclosure of the reasons noted above, and therefore DHS is SUMMARY: We propose to adopt a new
accounting would also permit the individual not required to establish requirements, rules,
airworthiness directive (AD) for
who is the subject of a record to impede the or procedures with respect to such access.
investigation, to tamper with witnesses or Providing notice to individuals with respect NavWorx, Inc. (NavWorx) Automatic
evidence, and to avoid detection or to existence of records pertaining to them in Dependent Surveillance Broadcast
apprehension, which would undermine the the system of records or otherwise (ADS–B) Universal Access Transceiver
entire investigative process. establishing procedures pursuant to which Units (unit). This proposed AD would
(b) From subsection (d) (Access and individuals may access and view records require removing the ADS–B unit and
Amendment to Records) because access to pertaining to themselves in the system would would prohibit installing the affected
mstockstill on DSK3G9T082PROD with PROPOSALS

the records contained in this system of undermine investigative efforts and reveal unit on any aircraft. This proposed AD
records could inform the subject of an the identities of witnesses, and potential is prompted by a design change for the
investigation of an actual or potential witnesses, and confidential informants.
unit to broadcast a Source Integrity
criminal, civil, or regulatory violation, to the (g) From subsection (e)(5) (Collection of
existence of the investigation, and reveal Information) because in the collection of Level (SIL) of 3 when the uncertified
investigative interest on the part of DHS or information for law enforcement purposes it internal global positioning system (GPS)
another agency. Access to the records could is impossible to determine in advance what source necessitates a SIL of 0. The
permit the individual who is the subject of information is accurate, relevant, timely, and proposed actions are intended to
a record to impede the investigation, to complete. Compliance with (e)(5) would prevent an ADS–B unit from

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Document Created: 2016-10-21 09:59:21
Document Modified: 2016-10-21 09:59:21

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 November 21, 2016.
Contact		For general questions please contact: Debra L. Danisek, (202) 344-1610, Acting Privacy Officer, U.S. Customs and Border Protection, Washington, DC 20229. For privacy questions, please contact: Jonathan R. Cantor, (202) 343-1717, Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation		81 FR 72551

81 FR 72551 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security, United States Customs and Border Protection DHS/CBP-023 Border Patrol Enforcement Records, System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 81, Issue 203 (October 20, 2016)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary