82 FR 15981 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary Federal Register Volume 82, Issue 61 (March 31, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 61 (March 31, 2017)
| Page Range | 15981-15982 | |
| FR Document | 2017-06327 |
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)] [Rules and Regulations] [Pages 15981-15982] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06327] ======================================================================== 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. 82, No. 61 / Friday, March 31, 2017 / Rules and Regulations [[Page 15981]] DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2016-0075] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records AGENCY: Privacy Office, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled, ``Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) 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 March 31, 2017. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG- 61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. For privacy issues please contact: Jonathan R. Cantor, (202-343-1717), Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: Background The Department of Homeland Security (DHS) United States Coast Guard (USCG) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register, 81 FR 88635, December 8, 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. The system of records is the DHS/USCG-031 USCG Law Enforcement (ULE) System of Records. The DHS/USCG-031 USCG Law Enforcement (ULE) System of Records notice was published concurrently in the Federal Register, 81 FR 88697, December 8, 2016, and comments were invited on both the NPRM and System of Records Notice (SORN). Public Comments DHS received no comments on the NPRM and no comments on the SORN. 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. 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. Add at the end of appendix C to part 5, paragraph 77 to read as follows: Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy Act * * * * * 77. The DHS/USCG-031 USCG Law Enforcement (ULE) System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/USCG-031 USCG Law Enforcement (ULE) 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/USCG-031 USCG Law Enforcement (ULE) 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)(3-4); (d); (e)(1-3), (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), (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) 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 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 (d) (Access 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 [[Page 15982]] 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 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 the investigation, thereby interfering with that investigation and related law enforcement activities. (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants. (f) From subsection (e)(5) (Collection of Information) because with 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 subsection (e)(5) would preclude DHS agents from using their investigative training and exercise of good judgment to both conduct and report on investigations. (g) 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. (h) From subsection (g) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: March 24, 2017. Jonathan R. Cantor, Acting Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2017-06327 Filed 3-30-17; 8:45 am] BILLING CODE 9110-04-P
![15981
Rules and Regulations Federal Register
Vol. 82, No. 61
Friday, March 31, 2017
This section of the FEDERAL REGISTER Guard (USCG) published a Notice of contains information that is collected
contains regulatory documents having general Proposed Rulemaking (NPRM) in the by, on behalf of, in support of, or in
applicability and legal effect, most of which Federal Register, 81 FR 88635, cooperation with DHS and its
are keyed to and codified in the Code of December 8, 2016, proposing to exempt components and may contain personally
Federal Regulations, which is published under portions of the system of records from identifiable information collected by
50 titles pursuant to 44 U.S.C. 1510.
one or more provisions of the Privacy other federal, state, local, tribal, foreign,
The Code of Federal Regulations is sold by Act because of criminal, civil, and or international government agencies.
the Superintendent of Documents. administrative enforcement The Secretary of Homeland Security,
requirements. The system of records is pursuant to 5 U.S.C. 552a(j)(2), has
the DHS/USCG–031 USCG Law exempted this system from the
DEPARTMENT OF HOMELAND Enforcement (ULE) System of Records. following provisions of the Privacy Act:
SECURITY The DHS/USCG–031 USCG Law 5 U.S.C. 552a (c)(3–4); (d); (e)(1–3),
Enforcement (ULE) System of Records (e)(5), (e)(8); and (g). Additionally, the
Office of the Secretary notice was published concurrently in Secretary of Homeland Security,
the Federal Register, 81 FR 88697, pursuant to 5 U.S.C. 552a(k)(2) has
6 CFR Part 5 December 8, 2016, and comments were exempted this system from the
[Docket No. DHS–2016–0075] invited on both the NPRM and System following provisions of the Privacy Act:
of Records Notice (SORN). 5 U.S.C. 552a (c)(3); (d); (e)(1), (e)(4)(G),
Privacy Act of 1974: Implementation of (e)(4)(H), (e)(4)(I); and (f). When a record
Exemptions; Department of Homeland Public Comments
received from another system has been
Security/United States Coast Guard– DHS received no comments on the exempted in that source system under 5
031 USCG Law Enforcement (ULE) NPRM and no comments on the SORN. U.S.C. 552a(j)(2), DHS will claim the
System of Records same exemptions for those records that
List of Subjects in 6 CFR Part 5
AGENCY: Privacy Office, DHS. are claimed for the original primary
Freedom of information, Privacy. systems of records from which they
ACTION: Final rule. For the reasons stated in the originated and claims any additional
preamble, DHS amends chapter I of exemptions set forth here.
SUMMARY: The Department of Homeland
Title 6, Code of Federal Regulations, as Exemptions from these particular
Security is issuing a final rule to amend
follows: subsections are justified, on a case-by-
its regulations to exempt portions of a
newly established system of records case basis to be determined at the time
PART 5—DISCLOSURE OF RECORDS a request is made, for the following
titled, ‘‘Department of Homeland AND INFORMATION
Security/United States Coast Guard–031 reasons:
USCG Law Enforcement (ULE) System ■ 1. Revise the authority citation for part (a) From subsection (c)(3) and (4)
of Records’’ from certain provisions of 5 to read as follows: (Accounting for Disclosures) because
the Privacy Act. Specifically, the release of the accounting of disclosures
Authority: 6 U.S.C. 101 et seq.; Pub. L. could alert the subject of an
Department exempts portions of the 107–296, 116 Stat. 2135; 5 U.S.C. 301.
‘‘Department of Homeland Security/ investigation of an actual or potential
United States Coast Guard–031 USCG Subpart A also issued under 5 U.S.C. criminal, civil, or regulatory violation to
Law Enforcement (ULE) System of 552. Subpart B also issued under 5 the existence of that investigation and
Records’’ from one or more provisions U.S.C. 552a. reveal investigative interest on the part
of the Privacy Act because of criminal, ■ 2. Add at the end of appendix C to of DHS as well as the recipient agency.
civil, and administrative enforcement part 5, paragraph 77 to read as follows: Disclosure of the accounting would
requirements. therefore present a serious impediment
Appendix C to Part 5—DHS Systems of to law enforcement efforts and/or efforts
DATES: This final rule is effective March Records Exempt From the Privacy Act to preserve national security. Disclosure
31, 2017. * * * * * of the accounting would also permit the
FOR FURTHER INFORMATION CONTACT: For 77. The DHS/USCG–031 USCG Law individual who is the subject of a record
general questions please contact: Enforcement (ULE) System of Records to impede the investigation, to tamper
Marilyn Scott-Perez (202–475–3515), consists of electronic and paper records with witnesses or evidence, and to
Privacy Officer, Commandant (CG–61), and will be used by DHS and its avoid detection or apprehension, which
United States Coast Guard, Mail Stop components. The DHS/USCG–031 would undermine the entire
7710, Washington, DC 20593. For USCG Law Enforcement (ULE) System investigative process.
privacy issues please contact: Jonathan of Records is a repository of information (b) From subsection (d) (Access to
R. Cantor, (202–343–1717), Acting Chief held by DHS in connection with its Records) because access to the records
Privacy Officer, Privacy Office, several and varied missions and contained in this system of records
Department of Homeland Security, functions, including, but not limited to could inform the subject of an
nlaroche on DSK30NT082PROD with RULES
Washington, DC 20528. the enforcement of civil and criminal investigation of an actual or potential
SUPPLEMENTARY INFORMATION: laws; investigations, inquiries, and criminal, civil, or regulatory violation to
proceedings there under; and national the existence of that investigation and
Background security and intelligence activities. The reveal investigative interest on the part
The Department of Homeland DHS/USCG–031 USCG Law of DHS or another agency. Access to the
Security (DHS) United States Coast Enforcement (ULE) System of Records records could permit the individual
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![15982 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Rules and Regulations
who is the subject of a record to impede Dated: March 24, 2017. 64106. For information on the
the investigation, to tamper with Jonathan R. Cantor, availability of this material at the FAA,
witnesses or evidence, and to avoid Acting Chief Privacy Officer, Department of call 816–329–4148. It is also available
detection or apprehension. Amendment Homeland Security. on the internet at http://
of the records could interfere with [FR Doc. 2017–06327 Filed 3–30–17; 8:45 am] www.regulations.gov by searching for
ongoing investigations and law BILLING CODE 9110–04–P and locating Docket No. FAA–2016–
enforcement activities and would 9531.
impose an unreasonable administrative
Examining the AD Docket
burden by requiring investigations to be DEPARTMENT OF TRANSPORTATION
continually reinvestigated. In addition, You may examine the AD docket on
permitting access and amendment to Federal Aviation Administration the Internet at http://
such information could disclose www.regulations.gov by searching for
security-sensitive information that 14 CFR Part 39 and locating Docket No. FAA–2016–
could be detrimental to homeland 9531; or in person at the Docket
[Docket No. FAA–2016–9531; Directorate Management Facility between 9 a.m.
security. Identifier 2015–CE–011–AD; Amendment
(c) From subsection (e)(1) (Relevancy 39–18839; AD 2017–07–01]
and 5 p.m., Monday through Friday,
and Necessity of Information) because except Federal holidays. The AD docket
in the course of investigations into RIN 2120–AA64 contains this AD, the regulatory
potential violations of federal law, the evaluation, any comments received, and
Airworthiness Directives; M7 other information. The address for the
accuracy of information obtained or
Aerospace LLC Models Airplanes Docket Office (phone: 800–647–5527) is
introduced occasionally may be unclear,
or the information may not be strictly AGENCY: Federal Aviation Document Management Facility, U.S.
relevant or necessary to a specific Administration (FAA), DOT. Department of Transportation, Docket
investigation. In the interests of effective ACTION: Final rule.
Operations, M–30, West Building
law enforcement, it is appropriate to Ground Floor, Room W12–140, 1200
retain all information that may aid in SUMMARY: We are adopting a new New Jersey Avenue SE., Washington,
establishing patterns of unlawful airworthiness directive (AD) for certain DC 20590.
activity. M7 Aerospace LLC Models SA226–T, FOR FURTHER INFORMATION CONTACT ONE
(d) From subsection (e)(2) (Collection SA226–AT, SA226–T(B), SA226–TC, OF THE FOLLOWING:
of Information from Individuals) SA227–AC (C–26A), SA227–AT, • Justin Carter, ASW–142, Aerospace
because requiring that information be SA227–BC (C–26A), SA227–CC, SA227– Engineer, Fort Worth Airplane
collected from the subject of an DC (C–26B), and SA227–TT airplanes. Certification Office (ACO), FAA, 10101
investigation would alert the subject to This AD was prompted by detachment Hillwood Parkway, Fort Worth, Texas
the nature or existence of the of the power lever linkage to the TPE331 76177–1524; telephone: (817) 222–5146;
investigation, thereby interfering with engine propeller pitch control. This AD fax: (817) 222–5960; email:
that investigation and related law requires repetitively inspecting the justin.carter@faa.gov; or
enforcement activities. propeller pitch control for proper • Kristin Bradley, ASW–143,
(e) From subsection (e)(3) (Notice to torque, with corrections as necessary Aerospace Engineer, Fort Worth ACO,
Subjects) because providing such until required replacement or rework of FAA, 10101 Hillwood Parkway, Fort
detailed information could impede law the PPC assembly to have a threaded Worth, Texas 76177–1524; telephone:
enforcement by compromising the hole in the splined end of the (817) 222–5485; fax: (817) 222–5960;
existence of a confidential investigation shouldered shaft and installation of a email: kristin.bradley@faa.gov.
or reveal the identity of witnesses or secondary retention device is done. We SUPPLEMENTARY INFORMATION:
confidential informants. are issuing this AD to correct the unsafe
(f) From subsection (e)(5) (Collection condition on these products. Discussion
of Information) because with the DATES: This AD is effective May 5, 2017. We issued a notice of proposed
collection of information for law The Director of the Federal Register rulemaking (NPRM) to amend 14 CFR
enforcement purposes, it is impossible approved the incorporation by reference part 39 by adding an AD that would
to determine in advance what of certain publications listed in this AD apply to certain M7 Aerospace LLC
information is accurate, relevant, timely, as of May 5, 2017. Models SA226–T, SA226–AT, SA226–
and complete. Compliance with ADDRESSES: For service information T(B), SA226–TC, SA227–AC (C–26A),
subsection (e)(5) would preclude DHS identified in this final rule, contact M7 SA227–AT, SA227–BC (C–26A),
agents from using their investigative Aerospace LLC, 10823 NE Entrance SA227–CC, SA227–DC (C–26B), and
training and exercise of good judgment Road, San Antonio, Texas 78216; phone: SA227–TT airplanes. The NPRM
to both conduct and report on (210) 824–9421; fax: (210) 804–7766; published in the Federal Register on
investigations. Internet: http://www.elbitsystems- December 28, 2016 (81 FR 95528). The
(g) From subsection (e)(8) (Notice on us.com; email: MetroTech@ NPRM was prompted by reports of the
Individuals) because compliance would M7Aerospace.com; or Honeywell airplane power lever linkage detaching
interfere with DHS’s ability to obtain, International Inc. 111 S. 34th Street, from the TPE331 engine propeller pitch
serve, and issue subpoenas, warrants, Phoenix, Arizona 85034–2802; phone: control (PPC) shaft. In flight operations,
and other law enforcement mechanisms (855) 808–6500; email: detachment may result in fuel flow to
that may be filed under seal and could AeroTechSupport@honeywell.com; the engine remaining constant
nlaroche on DSK30NT082PROD with RULES
result in disclosure of investigative Internet: https:// regardless of the power lever movement
techniques, procedures, and evidence. aerospace.honeywell.com/en/services/ by the pilot. The orientation of the
(h) From subsection (g) (Civil maintenance-and-monitoring. You may engine on certain M7 Aerospace
Remedies) to the extent that the system view this referenced service information airplanes increases the vulnerability of
is exempt from other specific at the FAA, Small Airplane Directorate, detachment. The PPC lever is an
subsections of the Privacy Act. 901 Locust, Kansas City, Missouri airplane part and its detachment from
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Document Created: 2017-03-31 01:37:59
Document Modified: 2017-03-31 01:37:59
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective March 31, 2017. | |
| Contact | For general questions please contact: Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG- 61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. For privacy issues please contact: Jonathan R. Cantor, (202-343-1717), Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. | |
| FR Citation | 82 FR 15981 | |
| CFR Associated | Freedom of Information and Privacy |
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