82_FR_44306 82 FR 44124 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-024 CBP Intelligence Records System (CIRS) System of Records

82 FR 44124 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-024 CBP Intelligence Records System (CIRS) System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 82, Issue 182 (September 21, 2017)

Page Range44124-44126
FR Document2017-19717

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)-024 CBP Intelligence Records System (CIRS) 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 82 Issue 182 (Thursday, September 21, 2017)
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Proposed Rules]
[Pages 44124-44126]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19717]


========================================================================
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. 82, No. 182 / Thursday, September 21, 2017 / 
Proposed Rules

[[Page 44124]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS 2017-0026]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-024 
CBP Intelligence Records System (CIRS) System of Records

AGENCY: Department of Homeland Security, Privacy Office.

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)-024 CBP Intelligence Records System (CIRS) 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 October 23, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS 
2017-0026, 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, Privacy Officer, U.S. Customs and 
Border Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229. 
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:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS)/U.S. Customs and Border 
Protection (CBP) proposes to concurrently establish a new DHS system of 
records titled, ``DHS/CBP-024 CBP Intelligence Records System (CIRS) 
System of Records'' and this notice of proposed rulemaking 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 CIRS system of records is owned by CBP's Office of Intelligence 
(OI). CIRS contains information collected by CBP to support CBP's law 
enforcement intelligence mission. This information includes raw 
intelligence information collected by CBP's OI, public source 
information, and information initially collected by CBP pursuant to its 
immigration and customs authorities. This information is analyzed and 
incorporated into intelligence products. CBP currently uses the 
Analytical Framework for Intelligence (AFI) and the Intelligence 
Reporting System (IRS) information technology (IT) systems to 
facilitate the development of finished intelligence products. These 
products are disseminated to various stakeholders including CBP 
executive management, CBP operational units, various government 
agencies, and the Intelligence Community. Information collected by CBP 
for an intelligence purpose that is not covered by an existing DHS 
System of Records Notice (SORN) and is not incorporated into a finished 
intelligence product is retained and disseminated in accordance with 
this SORN. Finished intelligence products, and the information 
contained in those products, regardless of the original source system 
of that information, are also retained and disseminated in accordance 
with this SORN.
    CIRS is the exclusive CBP SORN for finished intelligence products 
and any raw intelligence information, public source information, or 
other information collected by CBP for an intelligence purpose that is 
not subject to an existing DHS SORN. CIRS records were previously 
covered by CBP's Automated Targeting System SORN, DHS/CBP-006, 77 FR 
30297 (May 22, 2012), and CBP's Analytical Framework for Intelligence 
System SORN, DHS/CBP-017, 77 FR 13813 (June 7, 2012). As part of the 
intelligence process, CBP investigators and analysts must review large 
amounts of data to identify and understand relationships between 
individuals, entities, threats, and events to generate law enforcement 
intelligence products that provide CBP operational units with 
actionable information for law enforcement purposes.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for DHS/CBP-024 CBP Intelligence Records System (CIRS) System of 
Records. Some information in CIRS 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 retains the ability to obtain information from 
third parties and other sources; and to protect the privacy of third 
parties. 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

[[Page 44125]]

process, the applicable exemptions may be waived on a case by case 
basis.
    A notice of system of records for DHS/CBP-024 CIRS System of 
Records is also published in this issue of the Federal Register.

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 individuals' records. 
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 an 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.

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. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.

0
2. In appendix C to part 5, add paragraph 78:

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

* * * * *
    78. The DHS/CBP-024 CBP Intelligence Records System (CIRS) 
System of Records consists of electronic and paper records and will 
be used by DHS and its components. The CIRS 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 CIRS 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) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), (e)(5), and (e)(8); (f); and (g). 
Additionally, the Secretary of Homeland Security, pursuant to 5 
U.S.C. 552a(k)(1) and (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 this system 
receives a record from another system exempted in that source system 
under 5 U.S.C. 552a(k)(1), (k)(2), or (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 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 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 and amendment 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 setting up procedures pursuant to which individuals may 
access, amend, 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) 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

[[Page 44126]]

complete records; or failure to otherwise comply with an 
individual's right to access or amend records.

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

[FR Doc. 2017-19717 Filed 9-20-17; 8:45 am]
 BILLING CODE 9111-14-P



                                                      44124

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 82, No. 182

                                                                                                                                                                    Thursday, September 21, 2017



                                                      This section of the FEDERAL REGISTER                    www.regulations.gov, including any                    and disseminated in accordance with
                                                      contains notices to the public of the proposed          personal information provided.                        this SORN. Finished intelligence
                                                      issuance of rules and regulations. The                    Docket: For access to the docket to                 products, and the information contained
                                                      purpose of these notices is to give interested          read background documents or                          in those products, regardless of the
                                                      persons an opportunity to participate in the            comments received, go to http://                      original source system of that
                                                      rule making prior to the adoption of the final          www.regulations.gov.
                                                      rules.                                                                                                        information, are also retained and
                                                                                                              FOR FURTHER INFORMATION CONTACT: For                  disseminated in accordance with this
                                                                                                              general questions please contact: Debra               SORN.
                                                      DEPARTMENT OF HOMELAND                                  L. Danisek (202) 344–1610, Privacy                       CIRS is the exclusive CBP SORN for
                                                      SECURITY                                                Officer, U.S. Customs and Border                      finished intelligence products and any
                                                                                                              Protection, 1300 Pennsylvania Avenue                  raw intelligence information, public
                                                      Office of the Secretary                                 NW., Washington, DC 20229. For                        source information, or other information
                                                                                                              privacy issues please contact: Jonathan               collected by CBP for an intelligence
                                                      6 CFR Part 5                                            R. Cantor, (202) 343–1717, Acting Chief               purpose that is not subject to an existing
                                                                                                              Privacy Officer, Privacy Office,                      DHS SORN. CIRS records were
                                                      [Docket No. DHS 2017–0026]                              Department of Homeland Security,                      previously covered by CBP’s Automated
                                                                                                              Washington, DC 20528.                                 Targeting System SORN, DHS/CBP–006,
                                                      Privacy Act of 1974: Implementation of                  SUPPLEMENTARY INFORMATION:                            77 FR 30297 (May 22, 2012), and CBP’s
                                                      Exemptions; Department of Homeland                                                                            Analytical Framework for Intelligence
                                                      Security (DHS)/U.S. Customs and                         I. Background
                                                                                                                                                                    System SORN, DHS/CBP–017, 77 FR
                                                      Border Protection (CBP)-024 CBP                            In accordance with the Privacy Act of              13813 (June 7, 2012). As part of the
                                                      Intelligence Records System (CIRS)                      1974, 5 U.S.C. 552a, the Department of                intelligence process, CBP investigators
                                                      System of Records                                       Homeland Security (DHS)/U.S. Customs                  and analysts must review large amounts
                                                                                                              and Border Protection (CBP) proposes to               of data to identify and understand
                                                      AGENCY:  Department of Homeland                         concurrently establish a new DHS
                                                      Security, Privacy Office.                                                                                     relationships between individuals,
                                                                                                              system of records titled, ‘‘DHS/CBP–024               entities, threats, and events to generate
                                                      ACTION: Notice of proposed rulemaking.                  CBP Intelligence Records System (CIRS)                law enforcement intelligence products
                                                      SUMMARY: The Department of                              System of Records’’ and this notice of                that provide CBP operational units with
                                                      Homeland Security is giving concurrent                  proposed rulemaking to exempt                         actionable information for law
                                                      notice of a newly established system of                 portions of the system of records from                enforcement purposes.
                                                      records pursuant to the Privacy Act of                  one or more provisions of the Privacy
                                                      1974 for the ‘‘Department of Homeland                   Act because of criminal, civil, and                      DHS is claiming exemptions from
                                                      Security (DHS)/U.S. Customs and                         administrative enforcement                            certain requirements of the Privacy Act
                                                      Border Protection (CBP)-024 CBP                         requirements.                                         for DHS/CBP–024 CBP Intelligence
                                                      Intelligence Records System (CIRS)                         The CIRS system of records is owned                Records System (CIRS) System of
                                                      System of Records’’ and this proposed                   by CBP’s Office of Intelligence (OI).                 Records. Some information in CIRS
                                                      rulemaking. In this proposed                            CIRS contains information collected by                relates to official DHS national security,
                                                      rulemaking, the Department proposes to                  CBP to support CBP’s law enforcement                  law enforcement, immigration, and
                                                      exempt portions of the system of records                intelligence mission. This information                intelligence activities. These
                                                      from one or more provisions of the                      includes raw intelligence information                 exemptions are needed to protect
                                                      Privacy Act because of criminal, civil,                 collected by CBP’s OI, public source                  information relating to DHS activities
                                                      and administrative enforcement                          information, and information initially                from disclosure to subjects or others
                                                      requirements.                                           collected by CBP pursuant to its                      related to these activities. Specifically,
                                                                                                              immigration and customs authorities.                  the exemptions are required to preclude
                                                      DATES:  Comments must be received on                    This information is analyzed and                      subjects of these activities from
                                                      or before October 23, 2017.                             incorporated into intelligence products.              frustrating these processes; to avoid
                                                      ADDRESSES: You may submit comments,                     CBP currently uses the Analytical                     disclosure of activity techniques; to
                                                      identified by docket number DHS 2017–                   Framework for Intelligence (AFI) and                  protect the identities and physical safety
                                                      0026, by one of the following methods:                  the Intelligence Reporting System (IRS)               of confidential informants and law
                                                        • Federal e-Rulemaking Portal: http://                information technology (IT) systems to                enforcement personnel; to ensure DHS
                                                      www.regulations.gov. Follow the                         facilitate the development of finished                retains the ability to obtain information
                                                      instructions for submitting comments.                   intelligence products. These products                 from third parties and other sources;
                                                        • Fax: 202–343–4010.                                  are disseminated to various stakeholders              and to protect the privacy of third
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                                                        • Mail: Jonathan R. Cantor, Acting                    including CBP executive management,                   parties. Disclosure of information to the
                                                      Chief Privacy Officer, Privacy Office,                  CBP operational units, various                        subject of the inquiry could also permit
                                                      Department of Homeland Security,                        government agencies, and the                          the subject to avoid detection or
                                                      Washington, DC 20528.                                   Intelligence Community. Information                   apprehension.
                                                        Instructions: All submissions received                collected by CBP for an intelligence                     In appropriate circumstances, when
                                                      must include the agency name and                        purpose that is not covered by an                     compliance would not appear to
                                                      docket number for this notice. All                      existing DHS System of Records Notice                 interfere with or adversely affect the law
                                                      comments received will be posted                        (SORN) and is not incorporated into a                 enforcement purposes of this system
                                                      without change to http://                               finished intelligence product is retained             and the overall law enforcement


                                                 VerDate Sep<11>2014   17:10 Sep 20, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\21SEP1.SGM   21SEP1


                                                                         Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules                                               44125

                                                      process, the applicable exemptions may                  will be used by DHS and its components. The            disclose security-sensitive information that
                                                      be waived on a case by case basis.                      CIRS is a repository of information held by            could be detrimental to homeland security.
                                                        A notice of system of records for DHS/                DHS in connection with its several and                    (c) From subsection (e)(1) (Relevancy and
                                                                                                              varied missions and functions, including, but          Necessity of Information) because in the
                                                      CBP–024 CIRS System of Records is also
                                                                                                              not limited to the enforcement of civil and            course of investigations into potential
                                                      published in this issue of the Federal                  criminal laws; investigations, inquiries, and          violations of Federal law, the accuracy of
                                                      Register.                                               proceedings there under; and national                  information obtained or introduced
                                                      II. Privacy Act                                         security and intelligence activities. The CIRS         occasionally may be unclear, or the
                                                                                                              contains information that is collected by, on          information may not be strictly relevant or
                                                         The Privacy Act embodies fair                        behalf of, in support of, or in cooperation            necessary to a specific investigation. In the
                                                      information practice principles in a                    with DHS and its components and may                    interests of effective law enforcement, it is
                                                      statutory framework governing the                       contain personally identifiable information            appropriate to retain all information that may
                                                      means by which Federal Government                       collected by other Federal, state, local, tribal,      aid in establishing patterns of unlawful
                                                      agencies collect, maintain, use, and                    foreign, or international government                   activity.
                                                                                                              agencies. The Secretary of Homeland                       (d) From subsection (e)(2) (Collection of
                                                      disseminate individuals’ records. The                   Security, pursuant to 5 U.S.C. 552a(j)(2), has         Information from Individuals) because
                                                      Privacy Act applies to information that                 exempted this system from the following                requiring that information be collected from
                                                      is maintained in a ‘‘system of records.’’               provisions of the Privacy Act: 5 U.S.C.                the subject of an investigation would alert the
                                                      A ‘‘system of records’’ is a group of any               552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3),       subject to the nature or existence of the
                                                      records under the control of an agency                  (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), and (e)(8);   investigation, thereby interfering with that
                                                      from which information is retrieved by                  (f); and (g). Additionally, the Secretary of           investigation and related law enforcement
                                                      the name of an individual or by some                    Homeland Security, pursuant to 5 U.S.C.                activities.
                                                      identifying number, symbol, or other                    552a(k)(1) and (k)(2), has exempted this                  (e) From subsection (e)(3) (Notice to
                                                                                                              system from the following provisions of the            Subjects) because providing such detailed
                                                      identifying particular assigned to the                                                                         information could impede law enforcement
                                                                                                              Privacy Act, 5 U.S.C. 552a(c)(3); (d); (e)(1),
                                                      individual. In the Privacy Act, an                      (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). When this    by compromising the existence of a
                                                      individual is defined to encompass U.S.                 system receives a record from another system           confidential investigation or reveal the
                                                      citizens and lawful permanent                           exempted in that source system under 5                 identity of witnesses or confidential
                                                      residents. Additionally, and similarly,                 U.S.C. 552a(k)(1), (k)(2), or (j)(2), DHS will         informants.
                                                      the Judicial Redress Act (JRA) provides                 claim the same exemptions for those records               (f) From subsections (e)(4)(G), (e)(4)(H),
                                                      a statutory right to covered persons to                 that are claimed for the original primary              and (e)(4)(I) (Agency Requirements) and (f)
                                                      make requests for access and                            systems of records from which they                     (Agency Rules) because portions of this
                                                      amendment to covered records, as                        originated and claims any additional                   system are exempt from the individual access
                                                                                                              exemptions set forth here. Exemptions from             and amendment provisions of subsection (d)
                                                      defined by the JRA, along with judicial                                                                        for the reasons noted above, and therefore
                                                                                                              these particular subsections are justified, on
                                                      review for denials of such requests. In                 a case by case basis to be determined at the           DHS is not required to establish
                                                      addition, the JRA prohibits disclosures                 time a request is made, for the following              requirements, rules, or procedures with
                                                      of covered records, except as otherwise                 reasons:                                               respect to such access. Providing notice to
                                                      permitted by the Privacy Act.                              (a) From subsection (c)(3) and (4)                  individuals with respect to existence of
                                                         The Privacy Act allows government                    (Accounting for Disclosures) because release           records pertaining to them in the system of
                                                      agencies to exempt certain records from                 of the accounting of disclosures could alert           records or otherwise setting up procedures
                                                      the access and amendment provisions. If                 the subject of an investigation of an actual or        pursuant to which individuals may access,
                                                      an agency claims an exemption,                          potential criminal, civil, or regulatory               amend, and view records pertaining to
                                                                                                              violation to the existence of that investigation       themselves in the system would undermine
                                                      however, it must issue a Notice of
                                                                                                              and reveal investigative interest on the part          investigative efforts and reveal the identities
                                                      Proposed Rulemaking to make clear to                    of DHS as well as the recipient agency.                of witnesses, and potential witnesses, and
                                                      the public the reasons why a particular                 Disclosure of the accounting would therefore           confidential informants.
                                                      exemption is claimed.                                   present a serious impediment to law                       (g) From subsection (e)(5) (Collection of
                                                                                                              enforcement efforts and/or efforts to preserve         Information) because with the collection of
                                                      List of Subjects in 6 CFR Part 5
                                                                                                              national security. Disclosure of the                   information for law enforcement purposes, it
                                                        Freedom of information; Privacy.                      accounting would also permit the individual            is impossible to determine in advance what
                                                        For the reasons stated in the                         who is the subject of a record to impede the           information is accurate, relevant, timely, and
                                                      preamble, DHS proposes to amend                         investigation, to tamper with witnesses or             complete. Compliance with subsection (e)(5)
                                                                                                              evidence, and to avoid detection or                    would preclude DHS agents from using their
                                                      chapter I of title 6, Code of Federal                   apprehension, which would undermine the                investigative training and exercise of good
                                                      Regulations, as follows:                                entire investigative process.                          judgment to both conduct and report on
                                                                                                                 (b) From subsection (d) (Access and                 investigations.
                                                      PART 5—DISCLOSURE OF RECORDS                            Amendment to Records) because access to                   (h) From subsection (e)(8) (Notice on
                                                      AND INFORMATION                                         the records contained in this system of                Individuals) because compliance would
                                                                                                              records could inform the subject of an                 interfere with DHS’s ability to obtain, serve,
                                                      ■ 1. The authority citation for part 5                  investigation of an actual or potential                and issue subpoenas, warrants, and other law
                                                      continues to read as follows:                           criminal, civil, or regulatory violation to the        enforcement mechanisms that may be filed
                                                        Authority: 6 U.S.C. 101 et seq.; Pub. L.              existence of that investigation and reveal             under seal and could result in disclosure of
                                                      107–296, 116 Stat. 2135; 5 U.S.C. 301.                  investigative interest on the part of DHS or           investigative techniques, procedures, and
                                                      Subpart A also issued under 5 U.S.C. 552.               another agency. Access to the records could            evidence.
                                                                                                              permit the individual who is the subject of               (i) From subsection (g) to the extent that
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                                                      Subpart B also issued under 5 U.S.C. 552a.
                                                                                                              a record to impede the investigation, to               the system is exempt from other specific
                                                      ■ 2. In appendix C to part 5, add                       tamper with witnesses or evidence, and to              subsections of the Privacy Act relating to
                                                      paragraph 78:                                           avoid detection or apprehension.                       individuals’ rights to access and amend their
                                                      Appendix C to Part 5—DHS Systems of                     Amendment of the records could interfere               records contained in the system. Therefore
                                                                                                              with ongoing investigations and law                    DHS is not required to establish rules or
                                                      Records Exempt From the Privacy Act
                                                                                                              enforcement activities and would impose an             procedures pursuant to which individuals
                                                      *      *     *       *      *                           unreasonable administrative burden by                  may seek a civil remedy for the agency’s:
                                                        78. The DHS/CBP–024 CBP Intelligence                  requiring investigations to be continually             Refusal to amend a record; refusal to comply
                                                      Records System (CIRS) System of Records                 reinvestigated. In addition, permitting access         with a request for access to records; failure
                                                      consists of electronic and paper records and            and amendment to such information could                to maintain accurate, relevant timely and



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                                                      44126              Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules

                                                      complete records; or failure to otherwise               docket, including the name of the                     maximum weight of 1,742 pounds (790
                                                      comply with an individual’s right to access             individual sending the comment (or                    kilograms).
                                                      or amend records.                                       signing the comment for an association,                  The EASA type certificated the DG–
                                                      Jonathan R. Cantor                                      business, labor union, etc.). DOT’s                   1000M powered glider under Type
                                                      Acting Chief Privacy Officer, Department of             complete Privacy Act Statement can be                 Certificate Number (No.) EASA.A.072
                                                      Homeland Security.                                      found in the Federal Register published               on March 17, 2011. The associated
                                                      [FR Doc. 2017–19717 Filed 9–20–17; 8:45 am]             on April 11, 2000 (65 FR 19477–19478),                EASA Type Certificate Data Sheet
                                                                                                              as well as at http://DocketsInfo.dot.gov.             (TCDS) No. EASA.A.072 defines the DG
                                                      BILLING CODE 9111–14–P
                                                                                                                Docket: Background documents or                     Flugzeubau GmbH certification basis
                                                                                                              comments received may be read at                      submitted to the FAA for review and
                                                                                                              http://www.regulations.gov at any time.               acceptance.
                                                      DEPARTMENT OF TRANSPORTATION                                                                                     The applicable requirements for glider
                                                                                                              Follow the online instructions for
                                                                                                              accessing the docket or go to the Docket              certification in the United States can be
                                                      Federal Aviation Administration
                                                                                                              Operations in Room W12–140 of the                     found in FAA Advisory Circular (AC)
                                                                                                              West Building Ground Floor at 1200                    21.17–2A, ‘‘Type Certification—Fixed-
                                                      14 CFR Part 21
                                                                                                              New Jersey Avenue SE., Washington,                    Wing Gliders (Sailplanes), Including
                                                      [Docket No. FAA–2017–0851]                              DC, between 9 a.m., and 5 p.m., Monday                Powered Gliders,’’ dated February 10,
                                                                                                              through Friday, except Federal holidays.              1993. AC 21.17–2A has been the basis
                                                      Airworthiness Criteria: Glider Design                                                                         for certification of gliders and powered
                                                                                                              FOR FURTHER INFORMATION CONTACT: Mr.
                                                      Criteria for DG Flugzeugbau GmbH                                                                              gliders in the United States for many
                                                      Model DG–1000M Glider                                   Jim Rutherford, AIR–692, Federal
                                                                                                              Aviation Administration, Policy &                     years. AC 21.17–2A states that
                                                      AGENCY:   Federal Aviation                              Innovation Division, Small Airplane                   applicants may utilize the Joint Aviation
                                                      Administration (FAA), DOT.                              Standards Branch, 901 Locust, Room                    Requirements (JAR)–22, ‘‘Sailplanes and
                                                      ACTION: Notice of proposed design                       301, Kansas City, MO 64106, telephone                 Powered Sailplanes,’’ or another
                                                      criteria.                                               (816) 329–4165, facsimile (816) 329–                  accepted airworthiness criteria, or a
                                                                                                              4090.                                                 combination of both, as the accepted
                                                      SUMMARY:   This notice announces the                                                                          means for showing compliance for
                                                                                                              SUPPLEMENTARY INFORMATION:                            glider type certification.
                                                      availability of and requests comments
                                                      on the proposed design criteria for the                 Comments Invited                                      Type Certification Basis
                                                      DG Flugzeugbau GmbH model DG–                             We invite interested people to take
                                                      1000M glider. The Administrator finds                                                                           The applicant proposed a
                                                                                                              part in this rulemaking by sending                    Certification Basis based on JAR–22,
                                                      the proposed design criteria, which                     written comments, data, or views. The
                                                      make up the certification basis for the                                                                       amendment 6, dated August 01, 2001. In
                                                                                                              most helpful comments reference a                     addition to JAR–22 requirements, the
                                                      DG–1000M glider, acceptable. These                      specific portion of the design criteria,
                                                      final design criteria will be published in                                                                    applicant proposed to comply with
                                                                                                              explain the reason for any                            other requirements from the
                                                      the Federal Register.                                   recommended change, and include                       certification basis referenced in EASA
                                                      DATES: Comments must be received on                     supporting data. We ask that you send                 TCDS No. EASA.A.072, including an
                                                      or before October 23, 2017.                             us two copies of written comments.                    equivalent safety finding.
                                                      ADDRESSES: Send comments identified                       We will consider all comments
                                                      by docket number FAA–2017–0851                          received on or before the closing date                List of Subjects in 14 CFR Part 21
                                                      using any of the following methods:                     for comments. We will consider                          Aircraft, Aviation safety, Reporting
                                                         • Federal eRegulations Portal: Go to                 comments filed late if it is possible to              and record keeping requirements.
                                                      http://www.regulations.gov and follow                   do so without incurring expense or                      The authority citation for these
                                                      the online instructions for sending your                delay. We may change these                            airworthiness criteria is as follows:
                                                      comments electronically.                                airworthiness design criteria based on
                                                                                                                                                                      Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f),
                                                         • Mail: Send comments to Docket                      received comments.                                    106(g), 40105, 40113, 44701–44702, 44704,
                                                      Operations, M–30, U.S. Department of                                                                          44707, 44709, 44711, 44713, 44715, 45303.
                                                      Transportation (DOT), 1200 New Jersey                   Background
                                                      Avenue SE., Room W12–140, West                             On May 18, 2011, DG Flugzeugbau                    The Proposed Design Criteria
                                                      Building Ground Floor, Washington,                      GmbH submitted an application for type                  Applicable Airworthiness Criteria
                                                      DC, 20590–0001.                                         validation of the DG–1000M glider in                  under § 21.17(b).
                                                         • Hand Delivery of Courier: Take                     accordance with the Technical                           Based on the Special Class provisions
                                                      comments to Docket Operations in                        Implementation Procedures for                         of § 21.17(b), the following
                                                      Room W12–140 of the West Building                       Airworthiness and Environmental                       airworthiness requirements form the
                                                      Ground Floor at 1200 New Jersey                         Certification Between the FAA and the                 FAA Certification Basis for this design:
                                                      Avenue SE., Washington, DC, between 9                   European Aviation Safety Agency                         1. 14 CFR part 21, effective February 1,
                                                      a.m., and 5 p.m., Monday through                        (EASA), dated May 05, 2011. This                      1965, including amendments 21–1 through
                                                      Friday, except Federal holidays.                        model is a variant of the DG–1000T                    21–92 as applicable.
                                                         • Fax: Fax comments to Docket                        powered glider and will be added to
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                                                                                      2. JAR–22, amendment 6, dated August 01,
                                                      Operations at 202–493–2251.                             existing Type Certificate No. G20CE.                  2001.
                                                         Privacy: The FAA will post all                       The model DG–1000M is a two-seat,                       3. EASA Equivalent Safety Finding to JAR
                                                      comments it receives, without change,                   mid-wing, self-launching, powered                     22.207(c)—Stall warning. (FAA issued
                                                      to http://regulations.gov, including any                glider with a retractable engine and                  corresponding Equivalent Level of Safety
                                                                                                                                                                    (ELOS) Memorandum No. ACE–07–01A,
                                                      personal information the commenter                      fixed-pitch propeller. It is constructed              dated April 02, 2012, as an extension to an
                                                      provides. Using the search function of                  from carbon and glass fiber reinforced                existing ELOS finding).
                                                      the docket Web site, anyone can find                    plastic, and features a conventianl T-                  4. ‘‘Standards for Structural Substantiation
                                                      and read the electronic form of all                     type tailplane. The glider also features              of Sailplane and Powered Sailplane Parts
                                                      comments received into any FAA                          a 65.6 foot (20 meter) wingspan and a                 Consisting of Glass or Carbon Fiber



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Document Created: 2018-10-24 14:33:27
Document Modified: 2018-10-24 14:33:27
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
DatesComments must be received on or before October 23, 2017.
ContactFor general questions please contact: Debra L. Danisek (202) 344-1610, Privacy Officer, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229. 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 Citation82 FR 44124 

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