Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security United States Coast Guard-061 Maritime Analytic Support System (MASS) System of Records
| Published date | 25 March 2021 |
| Citation | 86 FR 15779 |
| Record Number | 2021-05941 |
| Section | Rules and Regulations |
| Court | Homeland Security Department |
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.
Rules and Regulations Federal Register
15779
Vol. 86, No. 56
Thursday, March 25, 2021
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2021–0003]
RIN 1601–AA96
Privacy Act of 1974: Implementation of
Exemptions; U.S. Department of
Homeland Security United States
Coast Guard-061 Maritime Analytic
Support System (MASS) System of
Records
AGENCY
: United States Coast Guard, U.S.
Department of Homeland Security.
ACTION
: Final rule.
SUMMARY
: The U.S. 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, ‘‘DHS/
United States Coast Guard (USCG)-061
Maritime Analytic Support System
(MASS) System of Records’’ from
certain provisions of the Privacy Act.
Specifically, the Department exempts
portions of the ‘‘DHS/USCG–061
Maritime Analytic Support System
(MASS) System of Records’’ from one or
more provisions of the Privacy Act
because of criminal, civil, and
administrative enforcement
requirements.
DATES
: This final rule is effective March
25, 2021.
FOR FURTHER INFORMATION CONTACT
: For
general questions please contact:
Kathleen Claffie, (202) 475–3515,
Privacy Officer, Office of Privacy
Management (CG–6P), United States
Coast Guard, 2703 Martin Luther King,
Jr. Ave. SE Stop 7710, Washington, DC
20593–7710. For privacy issues please
contact: James Holzer, (202) 343–1717,
Acting Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION
:
Background
The U.S. Department of Homeland
Security (DHS) United States Coast
Guard (USCG) published a notice of
proposed rulemaking in the Federal
Register, 85 FR 74616, November 23,
2020, 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 DHS/
USCG–061 Maritime Analytic Support
System (MASS) system of records notice
was published concurrently in the
Federal Register, 85 FR 74742,
November 23, 2020. This system of
records allows the DHS/USCG to collect
and maintain records in a centralized
location that relate to the U.S. Coast
Guard’s missions that are found within
the maritime domain. The information
covered by this system of records is
relevant to the eleven U.S. Coast Guard
statutory missions: (Port, Waterways,
and Coastal Security (PWCS); Drug
Interdiction; Aid to Maritime
Navigation; Search and Rescue (SAR)
Operations; Protection of Living Marine
Resources; Ensuring Marine Safety,
Defense Readiness; Migrant Interdiction;
Marine Environmental Protection; Ice
Operations; and Law Enforcement).
Comments were invited on both the
Notice of Proposed Rulemaking (NPRM)
and System of Records Notice (SORN).
Public Comments
DHS received 0 on the NPRM and 0
on the SORN.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the
preamble, DHS amends Chapter I of
Title 6, Code of Federal Regulations, as
follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
■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.
■2. In Appendix C to Part 5, paragraph
8 is revised to read as follows:
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
* * * * *
8. The DHS/USCG–061 Maritime Analytic
Support System (MASS) System of Records
consists of electronic and paper records and
will be used by DHS and its components. The
DHS/USCG–061 Maritime Analytic Support
System (MASS) System of Records is a
repository of information held by DHS in
connection with its several and varied
missions and functions, including, but not
limited to the enforcement of civil and
criminal laws; investigations, inquiries, and
proceedings there under; and national
security and intelligence activities. The DHS/
USCG–061 Maritime Analytic Support
System (MASS) 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 has
exempted this system from the following
provisions of the Privacy Act, subject to
limitations set forth in 5 U.S.C. 552a(c)(3)
and (c)(4); (d); (e)(1) through (3), (e)(4)(G)
through (I), (e)(5) and (e)(8), (f); and (g)(1)
pursuant to 5 U.S.C. 552a(j)(2). Additionally,
the Secretary of Homeland Security has
exempted this system from the following
provisions of the Privacy Act, subject to
limitations set forth in 5 U.S.C. 552a(c)(3);
(d); (e)(1), (e)(4)(G) through (e)(4)(I); and (f)
pursuant to 5 U.S.C. 552a(k)(1) and (k)(2).
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.
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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Rules and Regulations
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) through (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)(1) (Civil Remedies)
to the extent that the system is exempt from
other specific subsections of the Privacy Act.
* * * * *
James Holzer,
Acting Chief Privacy Officer, U.S. Department
of Homeland Security.
[FR Doc. 2021–05941 Filed 3–24–21; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2020–0721; Special
Conditions No. 25–785–SC]
Special Conditions: Mitsubishi Aircraft
Corporation Model MRJ–200 Airplane;
Use of Automatic Power Reserve for
Go-Around Performance Credit
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Final special conditions; request
for comments.
SUMMARY
: These special conditions are
issued for the Mitsubishi Aircraft
Corporation (MITAC) Model MRJ–200
airplane. This airplane will have a novel
or unusual design feature when
compared to the state of technology
envisioned in the airworthiness
standards for transport-category
airplanes. This design feature is an
Automatic Takeoff Thrust Control
System (ATTCS), referred to as an
Automatic Power Reserve (APR), to set
the performance level for approach-
climb operation after an engine failure.
The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for this
design feature. These special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES
: This action is effective on
MITAC on March 25, 2021. Send
comments on or before May 10, 2021.
ADDRESSES
: Send comments identified
by Docket No. FAA–2020–0721 using
any of the following methods:
•Federal eRegulations Portal: Go to
http://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
•Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
•Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
•Fax: Fax comments to Docket
Operations at 202–493–2251.
•Privacy: Except for Confidential
Business Information (CBI) as described
in the following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received without change, to http://
www.regulations.gov/, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this proposal.
•Confidential Business Information:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and actually
treated as private by its owner. Under
the Freedom of Information Act (FOIA)
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to this Notice contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this
Notice, it is important that you clearly
designate the submitted comments as
CBI. Please mark each page of your
submission containing CBI as
‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and the indicated
comments will not be placed in the
public docket of this Notice. Send
submissions containing CBI to the
person indicated in the Contact section
below. Comments the FAA receives,
which are not specifically designated as
CBI, will be placed in the public docket
for this rulemaking.
•Docket: Background documents or
comments received may be read at
http://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT
: Joe
Jacobsen, Performance and Environment
Section, AIR–625, Technical Innovation
Policy Branch, Policy and Innovation
Division, Aircraft Certification Service,
Federal Aviation Administration, 2200
South 216th Street, Des Moines,
Washington 98198; telephone and fax
206–231–3158; email joe.jacobsen@
faa.gov.
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