83 FR 35537 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-039 Foreign Access Management System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 83, Issue 145 (July 27, 2018)

Page Range		35537-35538
FR Document		2018-16024

The Department of Homeland Security (DHS) is issuing a final rule to amend its regulations to exempt portions of an updated and reissued system of records titled, ``Department of Homeland Security/ ALL-039 Foreign Access Management System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``Department of Homeland Security/ALL-039 Foreign Access Management 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 145 (Friday, July 27, 2018)

[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Rules and Regulations]
[Pages 35537-35538]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16024]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules 
and Regulations

[[Page 35537]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2018-0039]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/ALL-039 Foreign Access Management System of Records

AGENCY: Department of Homeland Security.

ACTION: Final rule.

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

SUMMARY: The Department of Homeland Security (DHS) is issuing a final 
rule to amend its regulations to exempt portions of an updated and 
reissued system of records titled, ``Department of Homeland Security/
ALL-039 Foreign Access Management System of Records'' from certain 
provisions of the Privacy Act. Specifically, the Department exempts 
portions of the ``Department of Homeland Security/ALL-039 Foreign 
Access Management System of Records'' from one or more provisions of 
the Privacy Act because of criminal, civil, and administrative 
enforcement requirements.

DATES: This final rule is effective July 27, 2018.

FOR FURTHER INFORMATION CONTACT: For general and privacy-related 
questions please contact: Philip S. Kaplan, [email protected], (202) 
343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland 
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

Background

    DHS published a notice of proposed rulemaking (NPRM) in the Federal 
Register (83 FR 19020, May 1, 2018) proposing to exempt portions of the 
system of records from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements. The system of records is the DHS/ALL-039 Foreign Access 
Management System of Records. The DHS/ALL-039 Foreign Access Management 
System of Records system of records notice (SORN) was published in the 
Federal Register (83 FR 19078, May 1, 2018) and comments were invited 
on both the NPRM and SORN.

Public Comments

    DHS received no comments on the NPRM and no comments on the SORN. 
After consideration of the lack of public comments, the Department will 
implement the rulemaking as proposed.

List of Subjects in 6 CFR Part 5

    Freedom of information, Privacy.

    For the reasons stated in the preamble, DHS amends Chapter I of 
Title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for part 5 is revised to read as follows:

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


0
2. Add paragraph 78 to appendix C to part 5 to read as follows:

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

* * * * *
    78. The DHS/ALL-039 Foreign Access Management System of Records 
consists of electronic and paper records and will be used by DHS and 
its components. The DHS/ALL-039 Foreign Access Management System of 
Records is a repository of information held by DHS in connection 
with its several and varied missions and functions, including, but 
not limited to the enforcement of civil and criminal laws; 
investigations, inquiries, and proceedings there under; and national 
security and intelligence activities. The DHS/ALL-039 Foreign Access 
Management 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(k)(1), (k)(2), and (k)(5), has 
exempted this system from the following provisions of the Privacy 
Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I); and (f). When a record received from another system has 
been exempted in that source system under 5 U.S.C. 552a(j)(2), DHS 
will claim the same exemptions for those records that are claimed 
for the original primary systems of records from which they 
originated and claims any additional exemptions set forth here. 
Exemptions from these particular subsections are justified, on a 
case-by-case basis to be determined at the time a request is made, 
for the following reasons:
    (a) From subsection (c)(3) (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 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. When an investigation has been completed, 
information on disclosures made may continue to be exempted if the 
fact that an investigation occurred remains sensitive after 
completion.
    (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 subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements) and (f)

[[Page 35538]]

(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.

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-16024 Filed 7-26-18; 8:45 am]
BILLING CODE 9110-9B-P

35537

Rules and Regulations Federal Register
Vol. 83, No. 145

Friday, July 27, 2018

This section of the FEDERAL REGISTER enforcement requirements. The system another system has been exempted in that
contains regulatory documents having general of records is the DHS/ALL–039 Foreign source system under 5 U.S.C. 552a(j)(2), DHS
applicability and legal effect, most of which Access Management System of Records. will claim the same exemptions for those
are keyed to and codified in the Code of records that are claimed for the original
The DHS/ALL–039 Foreign Access primary systems of records from which they
Federal Regulations, which is published under Management System of Records system
50 titles pursuant to 44 U.S.C. 1510. originated and claims any additional
of records notice (SORN) was published exemptions set forth here. Exemptions from
The Code of Federal Regulations is sold by in the Federal Register (83 FR 19078, these particular subsections are justified, on
the Superintendent of Documents. May 1, 2018) and comments were a case-by-case basis to be determined at the
invited on both the NPRM and SORN. time a request is made, for the following
reasons:
DEPARTMENT OF HOMELAND Public Comments (a) From subsection (c)(3) (Accounting for
SECURITY DHS received no comments on the Disclosures) because release of the
accounting of disclosures could alert the
NPRM and no comments on the SORN. subject of an investigation of an actual or
Office of the Secretary After consideration of the lack of public potential criminal, civil, or regulatory
comments, the Department will violation to the existence of that investigation
6 CFR Part 5 implement the rulemaking as proposed. and reveal investigative interest on the part
[Docket No. DHS–2018–0039] of DHS as well as the recipient agency.
List of Subjects in 6 CFR Part 5 Disclosure of the accounting would therefore
Privacy Act of 1974: Implementation of Freedom of information, Privacy. present a serious impediment to law
enforcement efforts and efforts to preserve
Exemptions; Department of Homeland For the reasons stated in the national security. Disclosure of the
Security/ALL–039 Foreign Access preamble, DHS amends Chapter I of accounting would also permit the individual
Management System of Records Title 6, Code of Federal Regulations, as who is the subject of a record to impede the
follows: investigation, to tamper with witnesses or
AGENCY: Department of Homeland evidence, and to avoid detection or
Security. PART 5—DISCLOSURE OF RECORDS apprehension, which would undermine the
ACTION: Final rule. AND INFORMATION entire investigative process. When an
investigation has been completed,
SUMMARY: The Department of Homeland ■ 1. The authority citation for part 5 is information on disclosures made may
Security (DHS) is issuing a final rule to revised to read as follows: continue to be exempted if the fact that an
amend its regulations to exempt investigation occurred remains sensitive after
Authority: 6 U.S.C. 101 et seq.; Pub. L. completion.
portions of an updated and reissued 107–296, 116 Stat. 2135; 5 U.S.C. 301. (b) From subsection (d) (Access and
system of records titled, ‘‘Department of Subpart A also issued under 5 U.S.C. 552. Amendment to Records) because access to
Homeland Security/ALL–039 Foreign Subpart B also issued under 5 U.S.C. 552a. the records contained in this system of
Access Management System of Records’’ ■ 2. Add paragraph 78 to appendix C to records could inform the subject of an
from certain provisions of the Privacy part 5 to read as follows: investigation of an actual or potential
Act. Specifically, the Department criminal, civil, or regulatory violation to the
exempts portions of the ‘‘Department of Appendix C to Part 5—DHS Systems of existence of that investigation and reveal
Homeland Security/ALL–039 Foreign Records Exempt From the Privacy Act investigative interest on the part of DHS or
Access Management System of Records’’ another agency. Access to the records could
* * * * * permit the individual who is the subject of
from one or more provisions of the 78. The DHS/ALL–039 Foreign Access a record to impede the investigation, to
Privacy Act because of criminal, civil, Management System of Records consists of tamper with witnesses or evidence, and to
and administrative enforcement electronic and paper records and will be used avoid detection or apprehension.
requirements. by DHS and its components. The DHS/ALL– Amendment of the records could interfere
039 Foreign Access Management System of with ongoing investigations and law
DATES: This final rule is effective July Records is a repository of information held enforcement activities and would impose an
27, 2018. by DHS in connection with its several and unreasonable administrative burden by
FOR FURTHER INFORMATION CONTACT: For varied missions and functions, including, but requiring investigations to be continually
general and privacy-related questions not limited to the enforcement of civil and reinvestigated. In addition, permitting access
please contact: Philip S. Kaplan, criminal laws; investigations, inquiries, and and amendment to such information could
proceedings there under; and national disclose security-sensitive information that
Privacy@hq.dhs.gov, (202) 343–1717,
security and intelligence activities. The DHS/ could be detrimental to homeland security.
Chief Privacy Officer, Privacy Office, ALL–039 Foreign Access Management (c) From subsection (e)(1) (Relevancy and
Department of Homeland Security, System of Records contains information that Necessity of Information) because in the
Washington, DC 20528. is collected by, on behalf of, in support of, course of investigations into potential
SUPPLEMENTARY INFORMATION: or in cooperation with DHS and its violations of federal law, the accuracy of
components and may contain personally information obtained or introduced
Background identifiable information collected by other occasionally may be unclear, or the
DHS published a notice of proposed federal, state, local, tribal, foreign, or information may not be strictly relevant or
amozie on DSK3GDR082PROD with RULES

rulemaking (NPRM) in the Federal international government agencies. The necessary to a specific investigation. In the
Secretary of Homeland Security, pursuant to interests of effective law enforcement, it is
Register (83 FR 19020, May 1, 2018) 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5), has appropriate to retain all information that may
proposing to exempt portions of the exempted this system from the following aid in establishing patterns of unlawful
system of records from one or more provisions of the Privacy Act: 5 U.S.C. activity.
provisions of the Privacy Act because of 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (d) From subsections (e)(4)(G), (e)(4)(H),
criminal, civil, and administrative (e)(4)(I); and (f). When a record received from and (e)(4)(I) (Agency Requirements) and (f)

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35538 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations

(Agency Rules), because portions of this Docket Operations, M–30, West on the determination of the cost to the
system are exempt from the individual access Building Ground Floor, Room W12–140, public.
provisions of subsection (d) for the reasons 1200 New Jersey Avenue SE,
noted above, and therefore DHS is not Conclusion
Washington, DC 20590.
required to establish requirements, rules, or We reviewed the relevant data and
procedures with respect to such access.
For service information identified in
this AD, contact Pacific Aerospace determined that air safety and the
Providing notice to individuals with respect
to existence of records pertaining to them in Limited, Airport Road, Hamilton, public interest require adopting the AD
the system of records or otherwise setting up Private Bag 3027, Hamilton 3240, New as proposed.
procedures pursuant to which individuals Zealand; phone: +64 7843 6144; fax: +64 Related Service Information Under 1
may access and view records pertaining to 843 6134; email: pacific@ CFR Part 51
themselves in the system would undermine aerospace.co.nz; internet:
investigative efforts and reveal the identities www.aerospace.co.nz. You may view We reviewed Pacific Aerospace
of witnesses, and potential witnesses, and this referenced service information at Service Bulletin PACSB/XL/095, Issue
confidential informants. 1, dated December 21, 2017. The service
the FAA, Policy and Innovation
Philip S. Kaplan, Division, 901 Locust, Kansas City, information describes procedures for
Chief Privacy Officer, Department of Missouri 64106. For information on the inspection of the airplane sound
Homeland Security. availability of this material at the FAA, insulation attached to the aft face of the
[FR Doc. 2018–16024 Filed 7–26–18; 8:45 am] call (816) 329–4148. It is also available firewall and removal if necessary. This
on the internet at http:// service information is reasonably
BILLING CODE 9110–9B–P
www.regulations.gov by searching for available because the interested parties
Docket No. FAA–2018–0286. have access to it through their normal
FOR FURTHER INFORMATION CONTACT:
course of business or by the means
DEPARTMENT OF TRANSPORTATION identified in the ADDRESSES section.
Mike Kiesov, Aerospace Engineer, FAA,
Federal Aviation Administration Small Airplane Standards Branch, 901 Costs of Compliance
Locust, Room 301, Kansas City, We estimate that this AD will affect
14 CFR Part 39 Missouri 64106; telephone: (816) 329– 22 products of U.S. registry. We also
[Docket No. FAA–2018–0286; Product
4144; fax: (816) 329–4090; email: estimate that it would take about 1
Identifier 2018–CE–008–AD; Amendment mike.kiesov@faa.gov. work-hour per product to comply with
39–19340; AD 2018–15–08] SUPPLEMENTARY INFORMATION: the basic requirements of this AD. The
RIN 2120–AA64 Discussion average labor rate is $85 per work-hour.
Based on these figures, we estimate
Airworthiness Directives; Pacific We issued a notice of proposed the cost of this AD on U.S. operators to
Aerospace Limited Airplanes rulemaking (NPRM) to amend 14 CFR be $1,870, or $85 per product.
part 39 by adding an AD that would In addition, we estimate that any
AGENCY: Federal Aviation apply to Pacific Aerospace Limited necessary follow-on actions would take
Administration (FAA), Department of Model 750XL airplanes. The NPRM was about 8 work-hours, for a cost of $680
Transportation (DOT). published in the Federal Register on per product. We have no way of
ACTION: Final rule. April 11, 2018 (83 FR 15517). The determining the number of products
NPRM proposed to correct an unsafe that may need these actions.
SUMMARY: We are adopting a new condition for the specified products and
airworthiness directive (AD) for Pacific was based on mandatory continuing Authority for This Rulemaking
Aerospace Limited Model 750XL airworthiness information (MCAI) Title 49 of the United States Code
airplanes. This AD results from originated by an aviation authority of specifies the FAA’s authority to issue
mandatory continuing airworthiness another country. The MCAI states: rules on aviation safety. Subtitle I,
information (MCAI) issued by an section 106, describes the authority of
The sound insulation material on the aft
aviation authority of another country to face of the firewall must comply with the the FAA Administrator. ‘‘Subtitle VII:
identify and correct an unsafe condition applicable burn test criteria specified in FAR Aviation Programs,’’ describes in more
on an aviation product. The MCAI [14 CFR] 23.853(f). [As of August 30, 2017, detail the scope of the Agency’s
describes the unsafe condition as § 23.853 was replaced by § 23.2325 (81 FR authority.
airplane sound insulation materials 96572, December 30, 2016).] We are issuing this rulemaking under
attached to the aft face of the firewall Inspect the aft face of the firewall and the authority described in ‘‘Subtitle VII,
not complying with the applicable burn determine if sound insulation material is
installed per the instructions in Pacific
Part A, Subpart III, Section 44701:
testing criteria for materials on the cabin General requirements.’’ Under that
side of the firewall. We are issuing this Aerospace Mandatory Service Bulletin (MSB)
PACSB/XL/095 issue 1, dated 21 December section, Congress charges the FAA with
AD to require actions to address the 2017, or later approved revision. promoting safe flight of civil aircraft in
unsafe condition on these products. If a layer of black foam insulating material air commerce by prescribing regulations
DATES: This AD is effective August 31, is found covering the firewall, then remove for practices, methods, and procedures
2018. the material per the instructions in MSB the Administrator finds necessary for
The Director of the Federal Register PACSB/XL/095 before further flight. safety in air commerce. This regulation
approved the incorporation by reference The MCAI can be found in the AD is within the scope of that authority
of a certain publication listed in the AD docket on the internet at: https:// because it addresses an unsafe condition
as of August 31, 2018. www.regulations.gov/ that is likely to exist or develop on
amozie on DSK3GDR082PROD with RULES

ADDRESSES: You may examine the AD document?D=FAA-2018-0286-0002. products identified in this rulemaking
docket on the internet at http:// action.
www.regulations.gov by searching for Comments This AD is issued in accordance with
and locating Docket No. FAA–2018– We gave the public the opportunity to authority delegated by the Executive
0286; or in person at Docket Operations, participate in developing this AD. We Director, Aircraft Certification Service,
U.S. Department of Transportation, received no comments on the NPRM or as authorized by FAA Order 8000.51C.

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Document Created: 2018-07-27 04:05:55
Document Modified: 2018-07-27 04:05:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective July 27, 2018.
Contact		For general and privacy-related questions 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 35537
CFR Associated		Freedom of Information and Privacy

83 FR 35537 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-039 Foreign Access Management System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 83, Issue 145 (July 27, 2018)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary