83 FR 20738 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Immigration and Customs Enforcement-007 Criminal History and Immigration Verification (CHIVe) System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 83, Issue 89 (May 8, 2018)

Page Range		20738-20740
FR Document		2018-09906

The Department of Homeland Security (DHS) is giving concurrent notice of a modified, renamed, and reissued system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Immigration and Customs Enforcement-007 Alien Criminal Response Information Management System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to rename the system Criminal History and Immigration Verification, and 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 83 Issue 89 (Tuesday, May 8, 2018)

[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Proposed Rules]
[Pages 20738-20740]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09906]


========================================================================
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. 83, No. 89 / Tuesday, May 8, 2018 / Proposed 
Rules

[[Page 20738]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2018-0014]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/U.S. Immigration and Customs Enforcement-007 Criminal 
History and Immigration Verification (CHIVe) System of Records

AGENCY: Department of Homeland Security.

ACTION:  Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY:  The Department of Homeland Security (DHS) is giving 
concurrent notice of a modified, renamed, and reissued system of 
records pursuant to the Privacy Act of 1974 for the ``Department of 
Homeland Security/U.S. Immigration and Customs Enforcement-007 Alien 
Criminal Response Information Management System of Records'' and this 
proposed rulemaking. In this proposed rulemaking, the Department 
proposes to rename the system Criminal History and Immigration 
Verification, and 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 June 7, 2018.

ADDRESSES:  You may submit comments, identified by docket number DHS-
2018-0014, 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: Philip S. Kaplan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2018-0014. 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: 
Amber Smith, (202-732-3300), ICEPrivacy@ice.dhs.gov, Privacy Officer, 
U.S. Immigration and Customs Enforcement, 500 12th Street SW, 
Washington, DC 20536. For privacy issues please contact: Philip S. 
Kaplan, Privacy@hq.dhs.gov, (202-343-1717), 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, DHS U.S. 
Immigration and Customs Enforcement (ICE) proposes to modify, rename, 
and reissue a current DHS Privacy Act system of records notice (SORN) 
titled, ``DHS/ICE-007 Alien Criminal Response Information Management 
(ACRIMe)'' 78 FR 10623 (Feb. 14, 2013). ICE had previously issued a 
Final Rule for this SORN on Aug. 31, 2009, published at 74 FR 45079. As 
a result of the modifications to this SORN, DHS/ICE is proposing to 
issue this new rule.
    DHS/ICE update to ACRIMe includes several changes. First, the 
system of records is being renamed ``Criminal History and Immigration 
Verification (CHIVe)'' to better align with the purpose of the system. 
This system of records covers records documenting inquiries received 
from federal, state, and local law enforcement agencies so ICE can 
check the immigration status and criminal history of individuals who 
are arrested or otherwise encountered by those agencies; and other 
federal agencies for screening (including as part of background checks 
being conducted by those agencies) to inform those agencies' 
determinations regarding suitability for employment, access, 
sponsorship of an unaccompanied alien child, or other purposes or 
otherwise encountered by those agencies.
    Second, DHS is adding a purpose of the system, as ICE will now 
screen individuals seeking approval from the Department of Health and 
Human Services (HHS) to sponsor an unaccompanied alien child, as well 
as other adult members of the potential sponsor's household, to verify 
or ascertain citizenship or immigration status, immigration history, 
and criminal history.
    Third, DHS is clarifying that the Department may use information 
maintained in this system of records for other purposes consistent with 
its statutory authorities.
    Fourth, this update adds a new category of individuals: Those 
seeking approval from HHS to sponsor an unaccompanied alien child and/
or other adult members of the potential sponsor's household.
    Fifth, DHS is adding one category of records to include biometrics 
for potential sponsors and/or other adult members of the potential 
sponsor's household. DHS has also modified a category of records to 
include citizenship or immigration status and criminal and immigration 
history information for sponsorship of unaccompanied alien children.
    Sixth, DHS is adding one new routine use that would allow ICE to 
share from this system of records the results of screening of potential 
sponsors and adult members of their households with HHS to inform HHS's 
determination whether to grant sponsor applications. DHS is also 
modifying routine use (E) and adding routine use (F) to conform to 
Office of Management and Budget (OMB) Memorandum M-17-12 ``Preparing 
for and Responding to a Breach of Personally Identifiable Information'' 
(Jan. 3, 2017).
    Seventh, DHS is revising the records retention periods so that they 
align with the records retention schedule approved by the National 
Archives and Records Administration (NARA).
    Finally, DHS is modifying this SORN since this system will no 
longer store information pertaining to the collection, processing, and 
response to public tip information concerning customs and immigration 
violations, suspicious activity, or other law enforcement matters. ICE 
will continue to collect information about individuals reporting tips, 
the subjects of such tips, and any information ICE collects in 
following up on a tip in the DHS/ICE-016 FALCON Search and Analysis 
System of Records, 82 FR 20905 (May 4, 2017).

[[Page 20739]]

    As a result, the following changes are being made: (1) Two 
categories of individuals are being removed from the system--
individuals who report tips and individuals about whom those reports 
are made; (2) two categories of records are being removed from the 
system--those public tip records, which consist of information 
contained in tips received from the public or other sources regarding 
customs and immigration violations, other actual or potential 
violations of law, and suspicious activities; and also records created 
pertaining to ICE's follow-up activities regarding a tip; (3) one 
routine use is being removed from the system that allows DHS to 
disclose reports of suspicious activity, tips, potential violations of 
law, and other relevant information to external law enforcement 
agencies; and (4) four purposes for the collection of information are 
being removed from the system. Purpose (4) in the prior iteration of 
this SORN has been removed as it pertains to public tip records. 
Purposes (5), (6), and (7) have been removed since these purposes are 
more focused on ICE's Law Enforcement Support Center (LESC) rather than 
the system as a whole.
    A more complete description of the changes to this SORN can be 
found in the publication of this modified SORN found elsewhere in the 
Federal Register. Further, this modified system of records and rule 
will be included in DHS's inventory of record systems.

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, 
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 portions of the Act. If an agency claims an exemption, 
however, it must issue a Notice of Proposed Rulemaking to make clear to 
the public the reasons why a particular exemption is claimed.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for DHS/ICE-007 Criminal History and Immigration Verification 
(CHIVe) System of Records. Some information in DHS/ICE-007 Criminal 
History and Immigration Verification (CHIVe) System of Records relates 
to official DHS national security, law enforcement, immigration, and 
intelligence activities. These exemptions are needed to protect 
information relating to DHS activities from disclosure to subjects or 
others related to these activities. Specifically, the exemptions are 
required to preclude subjects of these activities from frustrating 
these processes; to avoid disclosure of activity techniques; to protect 
the identities and physical safety of confidential informants and law 
enforcement personnel; to ensure DHS' 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, where compliance would not appear to 
interfere with or adversely affect the law enforcement purposes of this 
system and the overall law enforcement process, the applicable 
exemptions may be waived on a case by case basis.
    A SORN for DHS/ICE-007 Criminal History and Immigration 
Verification (CHIVe) 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. Revise the authority citation for Part 5 to read as follows:

    Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat. 
2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.

0
2. In Appendix C to Part 5, revise paragraph 28. to read as follows:

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

* * * * *
    28. The DHS/ICE-007 Criminal History and Immigration 
Verification (CHIVe) System of Records covers electronic and paper 
records and will be used by DHS and its components. The DHS/ICE-007 
Criminal History and Immigration Verification (CHIVe) System of 
Records covers information held by DHS/ICE 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/ICE-007 Criminal History and Immigration 
Verification (CHIVe) System of Records contains information that is 
collected by, on behalf of, in support of, or in cooperation with 
DHS and its components and may contain personally identifiable 
information collected by other Federal, state, local, tribal, 
foreign, or international government agencies. The Secretary of 
Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted 
this system from the following provisions of the Privacy Act: 5 
U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(5), (e)(8); (f); and (g). Additionally, the Secretary 
of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2), has exempted 
this system from the following provisions of the Privacy Act: 5 
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and (f). 
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. From subsection (d) (Amendment to Records) because 
permitting amendment of 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.

[[Page 20740]]

    (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), (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 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) (Civil Remedies) to the extent that the 
system is exempt from other specific subsections of the Privacy Act.
* * * * *

Philip S. Kaplan
Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2018-09906 Filed 5-7-18; 8:45 am]
 BILLING CODE 9111-28-P

Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Proposed Rules 20739

As a result, the following changes are portions of the Act. If an agency claims 28. The DHS/ICE–007 Criminal History
being made: (1) Two categories of an exemption, however, it must issue a and Immigration Verification (CHIVe) System
individuals are being removed from the Notice of Proposed Rulemaking to make of Records covers electronic and paper
records and will be used by DHS and its
system—individuals who report tips clear to the public the reasons why a components. The DHS/ICE–007 Criminal
and individuals about whom those particular exemption is claimed. History and Immigration Verification (CHIVe)
reports are made; (2) two categories of DHS is claiming exemptions from System of Records covers information held
records are being removed from the certain requirements of the Privacy Act by DHS/ICE in connection with its several
system—those public tip records, which for DHS/ICE–007 Criminal History and and varied missions and functions,
consist of information contained in tips Immigration Verification (CHIVe) including, the enforcement of civil and
received from the public or other System of Records. Some information in criminal laws; investigations, inquiries, and
sources regarding customs and proceedings there under; and national
DHS/ICE–007 Criminal History and security and intelligence activities. The DHS/
immigration violations, other actual or Immigration Verification (CHIVe) ICE–007 Criminal History and Immigration
potential violations of law, and System of Records relates to official Verification (CHIVe) System of Records
suspicious activities; and also records DHS national security, law enforcement, contains information that is collected by, on
created pertaining to ICE’s follow-up immigration, and intelligence activities. behalf of, in support of, or in cooperation
activities regarding a tip; (3) one routine These exemptions are needed to protect with DHS and its components and may
use is being removed from the system information relating to DHS activities contain personally identifiable information
that allows DHS to disclose reports of collected by other Federal, state, local, tribal,
from disclosure to subjects or others
suspicious activity, tips, potential foreign, or international government
related to these activities. Specifically, agencies. The Secretary of Homeland
violations of law, and other relevant the exemptions are required to preclude Security, pursuant to 5 U.S.C. 552a(j)(2), has
information to external law enforcement subjects of these activities from exempted this system from the following
agencies; and (4) four purposes for the frustrating these processes; to avoid provisions of the Privacy Act: 5 U.S.C.
collection of information are being disclosure of activity techniques; to 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3),
removed from the system. Purpose (4) in protect the identities and physical safety (e)(4)(G), (e)(4)(H), (e)(5), (e)(8); (f); and (g).
the prior iteration of this SORN has of confidential informants and law Additionally, the Secretary of Homeland
been removed as it pertains to public tip Security, pursuant to 5 U.S.C. 552a(k)(2), has
enforcement personnel; to ensure DHS’ exempted this system from the following
records. Purposes (5), (6), and (7) have ability to obtain information from third provisions of the Privacy Act: 5 U.S.C.
been removed since these purposes are parties and other sources; to protect the 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and
more focused on ICE’s Law Enforcement privacy of third parties; and to safeguard (f). Exemptions from these particular
Support Center (LESC) rather than the classified information. Disclosure of subsections are justified, on a case-by-case
system as a whole. information to the subject of the inquiry basis to be determined at the time a request
A more complete description of the could also permit the subject to avoid is made, for the following reasons:
changes to this SORN can be found in detection or apprehension. (a) From subsection (c)(3) and (4)
the publication of this modified SORN (Accounting for Disclosures) because release
In appropriate circumstances, where of the accounting of disclosures could alert
found elsewhere in the Federal
compliance would not appear to the subject of an investigation of an actual or
Register. Further, this modified system
interfere with or adversely affect the law potential criminal, civil, or regulatory
of records and rule will be included in
enforcement purposes of this system violation to the existence of that investigation
DHS’s inventory of record systems. and reveal investigative interest on the part
and the overall law enforcement
II. Privacy Act process, the applicable exemptions may of DHS as well as the recipient agency.
be waived on a case by case basis. Disclosure of the accounting would therefore
The Privacy Act embodies fair present a serious impediment to law
information practice principles in a A SORN for DHS/ICE–007 Criminal enforcement efforts and/or efforts to preserve
statutory framework governing the History and Immigration Verification national security. Disclosure of the
means by which Federal Government (CHIVe) System of Records is also accounting would also permit the individual
agencies collect, maintain, use, and published in this issue of the Federal who is the subject of a record to impede the
disseminate personally identifiable Register. investigation, to tamper with witnesses or
information. The Privacy Act applies to evidence, and to avoid detection or
List of Subjects in 6 CFR Part 5 apprehension, which would undermine the
information that is maintained in a entire investigative process.
‘‘system of records.’’ A ‘‘system of Freedom of information; Privacy.
(b) From subsection (d) (Access to Records)
records’’ is a group of any records under For the reasons stated in the because access to the records contained in
the control of an agency from which preamble, DHS proposes to amend this system of records could inform the
information is retrieved by the name of chapter I of title 6, Code of Federal subject of an investigation of an actual or
the individual or by some identifying Regulations, as follows: potential criminal, civil, or regulatory
number, symbol, or other identifying violation to the existence of that investigation
particular assigned to the individual. In PART 5—DISCLOSURE OF RECORDS and reveal investigative interest on the part
AND INFORMATION of DHS or another agency. Access to the
the Privacy Act, an individual is defined records could permit the individual who is
to encompass U.S. citizens and lawful the subject of a record to impede the
permanent residents. Additionally, the ■ 1. Revise the authority citation for Part
5 to read as follows: investigation, to tamper with witnesses or
Judicial Redress Act (JRA) provides a evidence, and to avoid detection or
statutory right to covered persons to Authority: 6 U.S.C. 101 et seq.; Pub. L. apprehension. From subsection (d)
make requests for access and 107–296, 116 Stat. 2135; 5 U.S.C. 301. (Amendment to Records) because permitting
sradovich on DSK3GMQ082PROD with PROPOSALS

amendment to covered records, as Subpart A also issued under 5 U.S.C. 552. amendment of records could interfere with
defined by the JRA, along with judicial Subpart B also issued under 5 U.S.C. 552a. ongoing investigations and law enforcement
activities and would impose an unreasonable
review for denials of such requests. In ■ 2. In Appendix C to Part 5, revise administrative burden by requiring
addition, the JRA prohibits disclosures paragraph 28. to read as follows: investigations to be continually
of covered records, except as otherwise reinvestigated. In addition, permitting access
Appendix C to Part 5—DHS Systems of
permitted by the Privacy Act. and amendment to such information could
The Privacy Act allows government Records Exempt From the Privacy Act
disclose security-sensitive information that
agencies to exempt certain records from * * * * * could be detrimental to homeland security.

VerDate Sep<11>2014 16:44 May 07, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\08MYP1.SGM 08MYP1

20740 Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Proposed Rules

(c) From subsection (e)(1) (Relevancy and DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for
Necessity of Information) because in the and locating Docket No. FAA–2018–
course of investigations into potential Federal Aviation Administration 0327; or in person at Docket Operations
violations of federal law, the accuracy of between 9 a.m. and 5 p.m., Monday
information obtained or introduced 14 CFR Part 39 through Friday, except Federal holidays.
occasionally may be unclear, or the The AD docket contains this NPRM, the
information may not be strictly relevant or [Docket No. FAA–2018–0327; Product
Identifier 2018–CE–001–AD] regulatory evaluation, any comments
necessary to a specific investigation. In the
received, and other information. The
interests of effective law enforcement, it is RIN 2120–AA64
appropriate to retain all information that may
street address for Docket Operations
aid in establishing patterns of unlawful (phone: 800–647–5527) is listed above.
Airworthiness Directives; Learjet, Inc.
activity. Comments will be available in the AD
Airplanes
(d) From subsection (e)(2) (Collection of docket shortly after receipt.
Information from Individuals) because AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Tara
requiring that information be collected from Administration (FAA), DOT. Shawn, Aerospace Engineer, Wichita
the subject of an investigation would alert the ACTION: Notice of proposed rulemaking ACO Branch, 1801 Airport Road, Room
subject to the nature or existence of the (NPRM). 100, Wichita, Kansas 67209; telephone:
investigation, thereby interfering with that
(316) 946–4141; fax: (316) 946–4107;
investigation and related law enforcement SUMMARY: We propose to adopt a new email: tara.shawn@faa.gov or Wichita-
activities. airworthiness directive (AD) for certain
(e) From subsection (e)(3) (Notice to
COS@faa.gov.
Learjet, Inc. Models 28, 29, 31, 31A, 35,
Subjects) because providing such detailed 35A, 36, 36A, 55, 55B, 55C, and 60 SUPPLEMENTARY INFORMATION:
information could impede law enforcement airplanes. This proposed AD was
by compromising the existence of a Comments Invited
prompted by fatigue cracks initiating in
confidential investigation or reveal the We invite you to send any written
the flap support structure due to
identity of witnesses or confidential relevant data, views, or arguments about
informants.
repetitive flap loads, which has caused
flap nose roller support bracket failure. this proposal. Send your comments to
(f) From subsections (e)(4)(G), (e)(4)(H),
This proposed AD would require an address listed under the ADDRESSES
(e)(4)(I), (Agency Requirements) and (f)
(Agency Rules), because portions of this replacement of the flap nose roller section. Include ‘‘Docket No. FAA–
system are exempt from the individual access fitting, nose roller support bracket, and 2018–0327; Product Identifier 2018–CE–
provisions of subsection (d) for the reasons adjacent rib support structure with more 001–AD’’ at the beginning of your
noted above, and therefore DHS is not robust components. We are proposing comments. We specifically invite
required to establish requirements, rules, or this AD to address the unsafe condition comments on the overall regulatory,
procedures with respect to such access. on these products. economic, environmental, and energy
Providing notice to individuals with respect DATES: We must receive comments on aspects of this NPRM. We will consider
to existence of records pertaining to them in this proposed AD by June 22, 2018. all comments received by the closing
the system of records or otherwise setting up date and may amend this NPRM
procedures pursuant to which individuals ADDRESSES: You may send comments,
because of those comments.
may access and view records pertaining to using the procedures found in 14 CFR
11.43 and 11.45, by any of the following We will post all comments we
themselves in the system would undermine
methods: receive, without change, to http://
investigative efforts and reveal the identities
• Federal eRulemaking Portal: Go to www.regulations.gov, including any
of witnesses, and potential witnesses, and
confidential informants. http://www.regulations.gov. Follow the personal information you provide. We
(g) From subsection (e)(5) (Collection of instructions for submitting comments. will also post a report summarizing each
Information) because with the collection of • Fax: 202–493–2251. substantive verbal contact we receive
information for law enforcement purposes, it • Mail: U.S. Department of about this NPRM.
is impossible to determine in advance what Transportation, Docket Operations, M– Discussion
information is accurate, relevant, timely, and 30, West Building Ground Floor, Room
complete. Compliance with subsection (e)(5) W12–140, 1200 New Jersey Avenue SE, We received a report of skewed flap
would preclude DHS agents from using their Washington, DC 20590. and aileron binding due to fatigue
investigative training and exercise of good cracks in the flap support structure
• Hand Delivery: Deliver to Mail
judgment to both conduct and report on caused by repetitive flap loads on a
address above between 9 a.m. and 5
investigations. Learjet, Inc. Model 31A. As of June
(h) From subsection (e)(8) (Notice on
p.m., Monday through Friday, except
Federal holidays. 2017, cracks in the flap support
Individuals) because compliance would structure were reported (due to Alert
interfere with DHS’s ability to obtain, serve, For service information identified in
this NPRM, contact Learjet, Inc., One Service Bulletins published in March
and issue subpoenas, warrants, and other law
Learjet Way, Wichita, Kansas 67209; 2017) on Models 31, 31A, 35A, 55, and
enforcement mechanisms that may be filed
under seal and could result in disclosure of telephone: 316–946–2000; email: ac.ict@ 60 airplanes. Repetitive flap loads occur
investigative techniques, procedures, and aero.bombardier.com; internet: https:// on all models identified by this
evidence. www.bombardier.com. You may view proposed AD. Failure of the flap nose
(i) From subsection (g) (Civil Remedies) to this service information at the FAA, roller support bracket allows skewed
the extent that the system is exempt from Policy and Innovation Division, 901 flap and aileron binding, which can
sradovich on DSK3GMQ082PROD with PROPOSALS

other specific subsections of the Privacy Act. Locust, Kansas City, Missouri 64106. cause loss of roll control on approach.
* * * * * For information on the availability of This condition, if not addressed, could
this material at the FAA, call (816) 329– result in loss of control.
Philip S. Kaplan
4148. Although there have been no reports
Chief Privacy Officer, Department of of cracks on the Models 28, 29, 35, 36,
Homeland Security. Examining the AD Docket 36A, 55B, and 55C airplanes, these
[FR Doc. 2018–09906 Filed 5–7–18; 8:45 am] You may examine the AD docket on airplanes do incorporate the same
BILLING CODE 9111–28–P the internet at http:// design flap support structure.

VerDate Sep<11>2014 16:44 May 07, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\08MYP1.SGM 08MYP1

Document Created: 2018-05-08 01:32:40
Document Modified: 2018-05-08 01:32:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments must be received on or before June 7, 2018.
Contact		For general questions please contact: Amber Smith, (202-732-3300), [email protected], Privacy Officer, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536. For privacy issues please contact: Philip S. Kaplan, [email protected], (202-343-1717), Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation		83 FR 20738

83 FR 20738 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Immigration and Customs Enforcement-007 Criminal History and Immigration Verification (CHIVe) System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 83, Issue 89 (May 8, 2018)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary