82_FR_27331 82 FR 27218 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-025 Law Enforcement Authority in Support of the Protection of Property Owned, Occupied, or Secured by the Department of Homeland Security System of Records

82 FR 27218 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-025 Law Enforcement Authority in Support of the Protection of Property Owned, Occupied, or Secured by the Department of Homeland Security System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 82, Issue 113 (June 14, 2017)

Page Range27218-27219
FR Document2017-12253

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/ALL-025 Law Enforcement Authority in Support of the Protection of Property Owned, Occupied, or Secured by the Department of Homeland Security System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from additional provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

Federal Register, Volume 82 Issue 113 (Wednesday, June 14, 2017)
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Proposed Rules]
[Pages 27218-27219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12253]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2017-0019]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/ALL-025 Law Enforcement Authority in Support of the 
Protection of Property Owned, Occupied, or Secured by the Department of 
Homeland Security System of Records

AGENCY: Privacy Office, DHS.

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/ALL-025 
Law Enforcement Authority in Support of the Protection of Property 
Owned, Occupied, or Secured by the Department of Homeland Security 
System of Records'' and this proposed rulemaking. In this proposed 
rulemaking, the Department proposes to exempt portions of the system of 
records from additional provisions of the Privacy Act because of 
criminal, civil, and administrative enforcement requirements.

DATES: Comments must be received on or before July 14, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0019, 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 and 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 (DHS) proposes a new Privacy Act 
exemption to an existing DHS system of records titled, ``DHS/ALL-025 
Law Enforcement Authority in Support of the Protection of Property 
Owned, Occupied, or Secured by DHS System of Records.'' The DHS/ALL-025 
Law Enforcement Authority in Support of the Protection of Property 
Owned, Occupied, or Secured by DHS System of Records covers the 
collection, use, maintenance, and dissemination of records relating to 
the protection of property owned, occupied, or secured by DHS. The 
existing Privacy Act exemptions that became effective upon publication 
of the Final Rule at 74 FR 50901, continue to apply to this system of 
records. DHS is issuing a Notice of Proposed Rulemaking to add a new 
exemption from certain provisions of the Privacy Act.

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. Additionally, 
and similarly, the Judicial Redress Act (JRA) provides a statutory 
right to covered persons to make requests for access and amendment to 
covered records, as defined by the JRA, along with judicial review for 
denials of such requests. In addition, the JRA prohibits disclosures of 
covered records, except as otherwise permitted by the Privacy Act.
    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 an additional exemption from certain requirements 
of the Privacy Act for DHS/ALL-025 Law Enforcement Authority in Support 
of the Protection of Property Owned, Occupied, or Secured by DHS System 
of Records, under 5 U.S.C. 552a(j)(2). Information in DHS/ALL-025 Law 
Enforcement Authority in Support of the Protection of Property Owned, 
Occupied, or Secured by DHS System of Records relates to official DHS 
law enforcement activities. This new exemption is needed to protect 
information relating to DHS activities from disclosure to subjects or 
others related to these activities. Specifically, the additional 
exemptions are required to preclude subjects of these activities from 
frustrating ongoing operations; 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.
    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 an updated system of records for DHS/ALL-025 Law 
Enforcement Authority in Support of the Protection of Property Owned, 
Occupied, or Secured by DHS 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.; Pub. L. 107-296, 116 Stat. 
2135; 5 U.S.C. 301.

0
2. In appendix C to part 5, revise paragraph 38 to read as follows:

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

* * * * *

[[Page 27219]]

    38. The DHS/ALL-025 Law Enforcement Authority in Support of the 
Protection of Property Owned or Occupied by the Department of 
Homeland Security system of records consists of electronic and paper 
records and will be used by DHS and its components. The DHS/ALL-025 
Law Enforcement Authority in Support of the Protection of Property 
Owned or Occupied by the Department of Homeland Security system is a 
repository of information held by DHS in connection with its several 
and varied missions and functions, including: The enforcement of 
civil and criminal laws; investigations, inquiries, and proceedings 
there under; and national security and intelligence activities. The 
DHS/ALL-025 Law Enforcement Authority in Support of the Protection 
of Property Owned or Occupied by the Department of Homeland Security 
system 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)(4)(I), (e)(5), (e)(8); 
(f), (g)(1). Additionally, the Secretary of Homeland Security, 
pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5), has exempted 
this system from the following provisions of the Privacy Act: 5 
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and 
(f). When a record received from another system has been exempted in 
that source system under 5 U.S.C. 552a(j)(2), DHS will claim the 
same exemptions for those records that are claimed for the original 
primary systems of records from which they originated and claims any 
additional exemptions set forth here. Exemptions from these 
particular subsections are justified, on a case-by-case basis to be 
determined at the time a request is made, for the following reasons:
    (a) From subsection (c)(3) 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 
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 subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements) and (f) (Agency Rules), because portions of this 
system are exempt from the individual access provisions of 
subsection (d) for the reasons noted above, and therefore DHS is not 
required to establish requirements, rules, or procedures with 
respect to such access. Providing notice to individuals with respect 
to the existence of records pertaining to them in the system of 
records or otherwise setting up procedures pursuant to which 
individuals may access and view records pertaining to themselves in 
the system would undermine investigative efforts and reveal the 
identities of witnesses, and potential witnesses, and confidential 
informants.
    (g) 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.
    (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)(1) (Civil Remedies) to the extent that 
the system is exempt from other specific subsections of the Privacy 
Act.

    Dated: June 8, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2017-12253 Filed 6-13-17; 8:45 am]
BILLING CODE 9110-9B-P



                                                    27218                 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Proposed Rules

                                                      Dated: June 8, 2017.                                  FOR FURTHER INFORMATION CONTACT:     For               the public the reasons why a particular
                                                    Brian Callanan,                                         general and privacy questions please                   exemption is claimed.
                                                    Acting General Counsel.                                 contact: Jonathan R. Cantor, (202–343–                    DHS is claiming an additional
                                                    [FR Doc. 2017–12319 Filed 6–13–17; 8:45 am]             1717), Acting Chief Privacy Officer,                   exemption from certain requirements of
                                                    BILLING CODE 4810–25–P
                                                                                                            Privacy Office, Department of Homeland                 the Privacy Act for DHS/ALL–025 Law
                                                                                                            Security, Washington, DC 20528.                        Enforcement Authority in Support of
                                                                                                            SUPPLEMENTARY INFORMATION:                             the Protection of Property Owned,
                                                                                                                                                                   Occupied, or Secured by DHS System of
                                                    DEPARTMENT OF HOMELAND                                  I. Background                                          Records, under 5 U.S.C. 552a(j)(2).
                                                    SECURITY                                                                                                       Information in DHS/ALL–025 Law
                                                                                                               In accordance with the Privacy Act of
                                                    Office of the Secretary                                 1974, 5 U.S.C. 552a, the Department of                 Enforcement Authority in Support of
                                                                                                            Homeland Security (DHS) proposes a                     the Protection of Property Owned,
                                                    6 CFR Part 5                                            new Privacy Act exemption to an                        Occupied, or Secured by DHS System of
                                                                                                            existing DHS system of records titled,                 Records relates to official DHS law
                                                    [Docket No. DHS–2017–0019]                              ‘‘DHS/ALL–025 Law Enforcement                          enforcement activities. This new
                                                                                                            Authority in Support of the Protection                 exemption is needed to protect
                                                    Privacy Act of 1974: Implementation of                  of Property Owned, Occupied, or                        information relating to DHS activities
                                                    Exemptions; Department of Homeland                      Secured by DHS System of Records.’’                    from disclosure to subjects or others
                                                    Security/ALL–025 Law Enforcement                        The DHS/ALL–025 Law Enforcement                        related to these activities. Specifically,
                                                    Authority in Support of the Protection                  Authority in Support of the Protection                 the additional exemptions are required
                                                    of Property Owned, Occupied, or                         of Property Owned, Occupied, or                        to preclude subjects of these activities
                                                    Secured by the Department of                            Secured by DHS System of Records                       from frustrating ongoing operations; to
                                                    Homeland Security System of Records                     covers the collection, use, maintenance,               avoid disclosure of activity techniques;
                                                    AGENCY:   Privacy Office, DHS.                          and dissemination of records relating to               to protect the identities and physical
                                                                                                            the protection of property owned,                      safety of confidential informants and
                                                    ACTION:   Notice of proposed rulemaking.
                                                                                                            occupied, or secured by DHS. The                       law enforcement personnel; to ensure
                                                    SUMMARY:   The Department of Homeland                   existing Privacy Act exemptions that                   DHS’s ability to obtain information from
                                                    Security is giving concurrent notice of                 became effective upon publication of                   third parties and other sources; to
                                                    an updated and reissued system of                       the Final Rule at 74 FR 50901, continue                protect the privacy of third parties; and
                                                    records pursuant to the Privacy Act of                  to apply to this system of records. DHS                to safeguard classified information.
                                                    1974 for the ‘‘Department of Homeland                   is issuing a Notice of Proposed                        Disclosure of information to the subject
                                                    Security/ALL–025 Law Enforcement                        Rulemaking to add a new exemption                      of the inquiry could also permit the
                                                    Authority in Support of the Protection                  from certain provisions of the Privacy                 subject to avoid detection or
                                                    of Property Owned, Occupied, or                         Act.                                                   apprehension.
                                                    Secured by the Department of                                                                                      In appropriate circumstances, when
                                                                                                            II. Privacy Act                                        compliance would not appear to
                                                    Homeland Security System of Records’’
                                                                                                               The Privacy Act embodies fair                       interfere with or adversely affect the law
                                                    and this proposed rulemaking. In this
                                                                                                            information practice principles in a                   enforcement purposes of this system
                                                    proposed rulemaking, the Department
                                                                                                            statutory framework governing the                      and the overall law enforcement
                                                    proposes to exempt portions of the
                                                                                                            means by which Federal Government                      process, the applicable exemptions may
                                                    system of records from additional
                                                                                                            agencies collect, maintain, use, and                   be waived on a case by case basis.
                                                    provisions of the Privacy Act because of
                                                                                                            disseminate personally identifiable                       A notice of an updated system of
                                                    criminal, civil, and administrative
                                                                                                            information. The Privacy Act applies to                records for DHS/ALL–025 Law
                                                    enforcement requirements.
                                                                                                            information that is maintained in a                    Enforcement Authority in Support of
                                                    DATES: Comments must be received on                     ‘‘system of records.’’ A ‘‘system of                   the Protection of Property Owned,
                                                    or before July 14, 2017.                                records’’ is a group of any records under              Occupied, or Secured by DHS System of
                                                    ADDRESSES: You may submit comments,                     the control of an agency from which                    Records is also published in this issue
                                                    identified by docket number DHS–                        information is retrieved by the name of                of the Federal Register.
                                                    2017–0019, by one of the following                      the individual or by some identifying
                                                    methods:                                                number, symbol, or other identifying                   List of Subjects in 6 CFR Part 5
                                                      • Federal e-Rulemaking Portal: http://                particular assigned to the individual. In                Freedom of information; Privacy.
                                                    www.regulations.gov. Follow the                         the Privacy Act, an individual is defined                For the reasons stated in the
                                                    instructions for submitting comments.                   to encompass U.S. citizens and lawful                  preamble, DHS proposes to amend
                                                      • Fax: 202–343–4010.                                  permanent residents. Additionally, and                 chapter I of title 6, Code of Federal
                                                      • Mail: Jonathan R. Cantor, Acting                    similarly, the Judicial Redress Act (JRA)              Regulations, as follows:
                                                    Chief Privacy Officer, Privacy Office,                  provides a statutory right to covered
                                                    Department of Homeland Security,                        persons to make requests for access and                PART 5—DISCLOSURE OF RECORDS
                                                    Washington, DC 20528.                                   amendment to covered records, as                       AND INFORMATION
                                                      Instructions: All submissions received                defined by the JRA, along with judicial
                                                    must include the agency name and                        review for denials of such requests. In                ■ 1. The authority citation for part 5
                                                    docket number for this notice. All                      addition, the JRA prohibits disclosures                continues to read as follows:
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                                                    comments received will be posted                        of covered records, except as otherwise                  Authority: 6 U.S.C. 101 et seq.; Pub. L.
                                                    without change to http://                               permitted by the Privacy Act.                          107–296, 116 Stat. 2135; 5 U.S.C. 301.
                                                    www.regulations.gov, including any                         The Privacy Act allows government                   ■ 2. In appendix C to part 5, revise
                                                    personal information provided.                          agencies to exempt certain records from                paragraph 38 to read as follows:
                                                      Docket: For access to the docket to                   the access and amendment provisions. If
                                                    read background documents or                            an agency claims an exemption,                         Appendix C to Part 5—DHS Systems of
                                                    comments received, go to http://                        however, it must issue a Notice of                     Records Exempt From the Privacy Act
                                                    www.regulations.gov.                                    Proposed Rulemaking to make clear to                   *       *    *     *     *


                                               VerDate Sep<11>2014   17:21 Jun 13, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\14JNP1.SGM   14JNP1


                                                                          Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Proposed Rules                                                  27219

                                                       38. The DHS/ALL–025 Law Enforcement                  the subject of a record to impede the                    (i) From subsection (g)(1) (Civil Remedies)
                                                    Authority in Support of the Protection of               investigation, to tamper with witnesses or             to the extent that the system is exempt from
                                                    Property Owned or Occupied by the                       evidence, and to avoid detection or                    other specific subsections of the Privacy Act.
                                                    Department of Homeland Security system of               apprehension. Amendment of the records                   Dated: June 8, 2017.
                                                    records consists of electronic and paper                could interfere with ongoing investigations            Jonathan R. Cantor,
                                                    records and will be used by DHS and its                 and law enforcement activities and would
                                                    components. The DHS/ALL–025 Law                         impose an unreasonable administrative                  Acting Chief Privacy Officer, Department of
                                                    Enforcement Authority in Support of the                 burden by requiring investigations to be               Homeland Security.
                                                    Protection of Property Owned or Occupied                continually reinvestigated. In addition,               [FR Doc. 2017–12253 Filed 6–13–17; 8:45 am]
                                                    by the Department of Homeland Security                  permitting access and amendment to such                BILLING CODE 9110–9B–P
                                                    system is a repository of information held by           information could disclose security-sensitive
                                                    DHS in connection with its several and                  information that could be detrimental to
                                                    varied missions and functions, including:               homeland security.
                                                    The enforcement of civil and criminal laws;                (c) From subsection (e)(1) (Relevancy and           DEPARTMENT OF TRANSPORTATION
                                                    investigations, inquiries, and proceedings              Necessity of Information) because in the
                                                    there under; and national security and                  course of investigations into potential                Federal Aviation Administration
                                                    intelligence activities. The DHS/ALL–025                violations of federal law, the accuracy of
                                                    Law Enforcement Authority in Support of the             information obtained or introduced                     14 CFR Part 39
                                                    Protection of Property Owned or Occupied                occasionally may be unclear, or the
                                                    by the Department of Homeland Security                  information may not be strictly relevant or            [Docket No. FAA–2017–0338; Directorate
                                                    system contains information that is collected           necessary to a specific investigation. In the          Identifier 2016–NM–153–AD]
                                                    by, on behalf of, in support of, or in
                                                                                                            interests of effective law enforcement, it is          RIN 2120–AA64
                                                    cooperation with DHS and its components
                                                                                                            appropriate to retain all information that may
                                                    and may contain personally identifiable
                                                                                                            aid in establishing patterns of unlawful               Airworthiness Directives; Bombardier,
                                                    information collected by other federal, state,
                                                                                                            activity.                                              Inc., Airplanes
                                                    local, tribal, foreign, or international
                                                                                                               (d) From subsection (e)(2) (Collection of
                                                    government agencies. The Secretary of
                                                                                                            Information from Individuals) because                  AGENCY: Federal Aviation
                                                    Homeland Security, pursuant to 5 U.S.C.
                                                                                                            requiring that information be collected from           Administration (FAA), DOT.
                                                    552a(j)(2), has exempted this system from the
                                                                                                            the subject of an investigation would alert the
                                                    following provisions of the Privacy Act: 5                                                                     ACTION: Notice of proposed rulemaking
                                                                                                            subject to the nature or existence of the
                                                    U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2),                                                                (NPRM).
                                                                                                            investigation, thereby interfering with that
                                                    (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5),
                                                                                                            investigation and related law enforcement
                                                    (e)(8); (f), (g)(1). Additionally, the Secretary                                                               SUMMARY:   We propose to adopt a new
                                                    of Homeland Security, pursuant to 5 U.S.C.              activities.
                                                                                                               (e) From subsection (e)(3) (Notice to               airworthiness directive (AD) for certain
                                                    552a(k)(1), (k)(2), and (k)(5), has exempted                                                                   Bombardier, Inc., Model CL–600–2A12
                                                    this system from the following provisions of            Subjects) because providing such detailed
                                                                                                            information could impede law enforcement               (CL–601 Variant) and CL–600–2B16
                                                    the Privacy Act: 5 U.S.C. 552a(c)(3); (d);
                                                    (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).       by compromising the existence of a                     (CL–601–3A, CL–601–3R, and CL–604
                                                    When a record received from another system              confidential investigation or reveal the               Variants) airplanes. This proposed AD
                                                    has been exempted in that source system                 identity of witnesses or confidential                  was prompted by a determination that
                                                    under 5 U.S.C. 552a(j)(2), DHS will claim the           informants.                                            the bushing holes on the engine mount
                                                    same exemptions for those records that are                 (f) From subsections (e)(4)(G), (e)(4)(H),          rib might not conform to the engineering
                                                    claimed for the original primary systems of             and (e)(4)(I) (Agency Requirements) and (f)
                                                                                                                                                                   drawings and that certain inspections of
                                                    records from which they originated and                  (Agency Rules), because portions of this
                                                                                                            system are exempt from the individual access
                                                                                                                                                                   the engine mount rib must be included
                                                    claims any additional exemptions set forth                                                                     in the airworthiness limitations section
                                                    here. Exemptions from these particular                  provisions of subsection (d) for the reasons
                                                                                                            noted above, and therefore DHS is not                  (ALS) of the Instructions for Continued
                                                    subsections are justified, on a case-by-case
                                                    basis to be determined at the time a request            required to establish requirements, rules, or          Airworthiness (ICA). This proposed AD
                                                    is made, for the following reasons:                     procedures with respect to such access.                would require revising the maintenance
                                                       (a) From subsection (c)(3) and (4)                   Providing notice to individuals with respect           or inspection program to incorporate
                                                    (Accounting for Disclosures) because release            to the existence of records pertaining to them         certain airworthiness limitation items
                                                    of the accounting of disclosures could alert            in the system of records or otherwise setting          (ALIs). We are proposing this AD to
                                                    the subject of an investigation of an actual or         up procedures pursuant to which individuals            address the unsafe condition on these
                                                    potential criminal, civil, or regulatory                may access and view records pertaining to
                                                                                                                                                                   products.
                                                    violation to the existence of that investigation        themselves in the system would undermine
                                                    and reveal investigative interest on the part           investigative efforts and reveal the identities        DATES:  We must receive comments on
                                                    of DHS as well as the recipient agency.                 of witnesses, and potential witnesses, and             this proposed AD by July 31, 2017.
                                                    Disclosure of the accounting would therefore            confidential informants.                               ADDRESSES: You may send comments,
                                                    present a serious impediment to law                        (g) From subsection (e)(5) (Collection of
                                                                                                            Information) because with the collection of
                                                                                                                                                                   using the procedures found in 14 CFR
                                                    enforcement efforts and/or efforts to preserve
                                                                                                            information for law enforcement purposes, it           11.43 and 11.45, by any of the following
                                                    national security. Disclosure of the
                                                    accounting would also permit the individual             is impossible to determine in advance what             methods:
                                                    who is the subject of a record to impede the            information is accurate, relevant, timely, and           • Federal eRulemaking Portal: Go to
                                                    investigation, to tamper with witnesses or              complete. Compliance with subsection (e)(5)            http://www.regulations.gov. Follow the
                                                    evidence, and to avoid detection or                     would preclude DHS agents from using their             instructions for submitting comments.
                                                    apprehension, which would undermine the                 investigative training and exercise of good              • Fax: 202–493–2251.
                                                    entire investigative process.                           judgment to both conduct and report on                   • Mail: U.S. Department of
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                                                       (b) From subsection (d) (Access to Records)          investigations.                                        Transportation, Docket Operations, M–
                                                    because access to the records contained in                 (h) From subsection (e)(8) (Notice on               30, West Building Ground Floor, Room
                                                    this system of records could inform the                 Individuals) because compliance would
                                                                                                                                                                   W12–140, 1200 New Jersey Avenue SE.,
                                                    subject of an investigation of an actual or             interfere with DHS’s ability to obtain, serve,
                                                    potential criminal, civil, or regulatory                and issue subpoenas, warrants, and other law           Washington, DC 20590.
                                                    violation to the existence of that investigation        enforcement mechanisms that may be filed                 • Hand Delivery: Deliver to Mail
                                                    and reveal investigative interest on the part           under seal and could result in disclosure of           address above between 9 a.m. and 5
                                                    of DHS or another agency. Access to the                 investigative techniques, procedures, and              p.m., Monday through Friday, except
                                                    records could permit the individual who is              evidence.                                              Federal holidays.


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Document Created: 2017-06-14 01:23:26
Document Modified: 2017-06-14 01:23:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments must be received on or before July 14, 2017.
ContactFor general and privacy questions please contact: Jonathan R. Cantor, (202-343-1717), Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation82 FR 27218 

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