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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

18441 

Vol. 79, No. 63 

Wednesday, April 2, 2014 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2013–0012] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security U.S. Immigration and 

Customs Enforcement—014 Homeland 

Security Investigations Forensic 

Laboratory System of Records 

AGENCY: Privacy Office, Department of 

Homeland Security. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security is issuing a final rule to amend 

its regulations to exempt portions of the 

‘‘Department of Homeland Security/U.S. 

Immigration and Customs 

Enforcement—014 Homeland Security 

Investigations Forensic Laboratory 

System of Records’’ from certain 

provisions of the Privacy Act. 

Specifically, the Department exempts 

portions of the ‘‘Department of 

Homeland Security/U.S. Immigration 

and Customs Enforcement—014 

Homeland Security Investigations 

Forensic Laboratory System of Records’’ 

from one or more provisions of the 

Privacy Act because of criminal, civil, 

and administrative enforcement 

requirements. 

DATES: Effective Date: This final rule is 

effective April 2, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: Lyn 

Rahilly, Privacy Officer, (202–732– 

3300), U.S. Immigration and Customs 

Enforcement, 500 12th Street SW., Mail 

Stop 5004, Washington, DC 20536, 

email: ICEPrivacy@ice.dhs.gov. For 

privacy issues please contact: Karen L. 

Neuman (202–343–1717), Chief Privacy 

Officer, Privacy Office, Department of 

Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Homeland 

Security (DHS) U.S. Immigration and 

Customs Enforcement (ICE) published a 

Notice of Proposed Rulemaking (NPRM) 

in the Federal Register, 78 FR 28761, 

May 16, 2013, 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/ICE–014 Homeland Security 

Investigations Forensic Laboratory 

(HSI–FL) System of Records. The DHS/ 

ICE—014 HSI–FL System of Records 

Notice (SORN) was published 

concurrently in the Federal Register, 78 

FR 28867, May 16, 2013, and comments 

were invited on both the NPRM and the 

SORN. 

Public Comments 

DHS received one computer-generated 

comment on the NPRM and no 

comments on the SORN. The comment 

on the NPRM did not pertain to the 

proposed rulemaking or the system of 

records. Accordingly, 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 

■ 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. Add at the end of Appendix C to 

part 5, the following new paragraph 

‘‘72’’ to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

72. The DHS/ICE–014 Homeland Security 

Investigations Forensic Laboratory System of 

Records consists of electronic and paper 

records that will be used by DHS and its 

components. The DHS/ICE–014 Homeland 

Security Investigations Forensic Laboratory 

System of Records contains records of 

evidence and cases submitted to the HSI–FL. 

This information will include information on 

the individual submitting the request, 

identify the evidence submitted, track the 

evidence as it moves throughout the HSI–FL, 

capture case notes and results of 

examinations, store electronic images of 

evidence, and produce reports of findings. 

Other case-related records are maintained, 

including descriptions of expert witness 

testimony provided by HSI–FL employees. 

Records in the DHS/ICE–014 Homeland 

Security Investigations Forensic Laboratory 

System of Records also include the library of 

genuine, altered, and counterfeit travel and 

identity documents provided to the HSI–FL 

by international organizations, government 

agencies, and law enforcement organizations 

from across the United States and around the 

world to research methods of document 

production and authenticate documents 

through comparative forensic examinations. 

The DHS/ICE–014 Homeland Security 

Investigations Forensic Laboratory 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 (PII) collected by other federal, 

state, local, tribal, foreign, or international 

government agencies. The Secretary of the 

Department of Homeland Security, pursuant 

to 5 U.S.C. 552a(j)(2), 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), (c)(4); (d); (e)(1), (e)(2), 

(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (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, 

subject to limitations set forth in 5 U.S.C. 

552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I); and (f). Where a record received 

from another system has been exempted in 

that source system under 5 U.S.C. 552a(j)(2), 

DHS will claim the same exemptions for 

those records that are claimed for the original 

primary systems of records from which they 

originated and claims any additional 

exemptions set forth here. Exemptions from 

these particular subsections are justified, on 

a case-by-case basis to be determined at the 

time a request is made, for the following 

reasons: 

(a) From subsection (c)(3) and (4) 

(Accounting for Disclosures) because release 

of the accounting of disclosures could alert 

the subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS as well as the recipient agency. 

Disclosure of the accounting would therefore 

present a serious impediment to law 

enforcement efforts and/or efforts to preserve 


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18442 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations 

national security. Disclosure of the 

accounting would also permit the individual 

who is the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension, which would undermine the 

entire investigative process. 

(b) From subsection (d) (Access to Records) 

because access to the records contained in 

this system of records could inform the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS or another agency. Access to the 

records could permit the individual who is 

the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to such 

information could disclose security-sensitive 

information that could be detrimental to 

homeland security. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear, or the 

information may not be strictly relevant or 

necessary to a specific investigation. In the 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsection (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected from 

the subject of an investigation would alert the 

subject to the nature or existence of the 

investigation, thereby interfering with that 

investigation and related law enforcement 

activities. 

(e) From subsection (e)(3) (Notice to 

Subjects) because providing such detailed 

information could impede law enforcement 

by compromising the existence of a 

confidential investigation or reveal the 

identity of witnesses or confidential 

informants. 

(f) From subsections (e)(4)(G), (e)(4)(H), 

and (e)(4)(I) (Agency Requirements) and (f) 

(Agency Rules), because portions of this 

system are exempt from the individual access 

provisions of subsection (d) for the reasons 

noted above, and therefore DHS is not 

required to establish requirements, rules, or 

procedures with respect to such access. 

Providing notice to individuals with respect 

to existence of records pertaining to them in 

the system of records or otherwise setting up 

procedures pursuant to which individuals 

may access and view records pertaining to 

themselves in the system would undermine 

investigative efforts and reveal the identities 

of witnesses, and potential witnesses, and 

confidential informants. 

(g) From subsection (e)(5) (Collection of 

Information) because with the collection of 

information for law enforcement purposes, it 

is impossible to determine in advance what 

information is accurate, relevant, timely, and 

complete. Compliance with subsection (e)(5) 

would preclude DHS agents from using their 

investigative training and exercise of good 

judgment to both conduct and report on 

investigations. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’s ability to obtain, serve, 

and issue subpoenas, warrants, and other law 

enforcement mechanisms that may be filed 

under seal and could result in disclosure of 

investigative techniques, procedures, and 

evidence. 

(i) From subsection (g)(1) (Civil Remedies) 

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

Dated: March 6, 2014. 

Karen L. Neuman, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2014–07386 Filed 4–1–14; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0731; Airspace 

Docket No. 13–ASO–18] 

Establishment of Class E Airspace; 

Blairsville, GA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E Airspace at Blairsville, GA, to 

accommodate a new Area Navigation 

(RNAV) Global Positioning System 

(GPS) Standard Instrument Approach 

Procedure (SIAP) serving Blairsville 

Airport. This action enhances the safety 

and management of Instrument Flight 

Rules (IFR) operations at the airport. 

DATES: Effective 0901 UTC, May 27, 

2014. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On February 12, 2014, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish Class E airspace at Blairsville, 

GA (79 FR 8365) Docket No. FAA– 

2013–0731. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9X 

dated August 7, 2013, and effective 

September 15, 2013, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace extending 

upward from 700 feet above the surface 

within a 16-mile radius of Blairsville 

Airport, Blairsville, GA, providing the 

controlled airspace required to 

accommodate the new RNAV (GPS) 

Standard Instrument Approach 

Procedures developed for the airport. 

This action provides for the safety and 

management of IFR operations at the 

airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 


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