69604 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Proposed Rules 

place after DHS determines that the 

receiving component or agency has a 

verifiable need to know the information 

to carry out national security, law 

enforcement, immigration, intelligence, 

or other functions consistent with the 

routine uses set forth in this system of 

records notice. 

The information within this system 

that meets the functional standard of the 

National Suspicious Activity Reporting 

Initiative will be placed into the DHS/ 

ALL—031 Information Sharing 

Environment Suspicious Activity 

Reporting Initiative (September 10, 

2010, 75 FR 55335). 

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 

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 

‘‘52’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

52. The DHS/NPPD—001NICC Records 

System of Records consists of electronic and 

paper records and will be used by DHS/ 

NPPD/NICC. The DHS/NPPD—001NICC 

Records 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 

thereunder; national security and intelligence 

activities. The DHS/NPPD—001NICC 

Records 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 is 

exempting 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) 

pursuant to 5 U.S.C. 552a (k)(1), (k)(2), and 

(k)(3). 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/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. 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) 

(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. 

Dated: November 5, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–28569 Filed 11–12–10; 8:45 am] 

BILLING CODE 9110–9A–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2010–0053] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security Office of Operations 

Coordination and Planning—003 

Operations Collection, Planning, 

Coordination, Reporting, Analysis, and 

Fusion System of Records 

AGENCY: Privacy Office, DHS. 

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 

Office of Operations Coordination and 

Planning—003 Operations Collection, 

Planning, Coordination, Reporting, 

Analysis, and Fusion 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 December 15, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0053, by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, 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: 

Michael Page (202–357–7626), Privacy 

Point of Contact, Office of Operations 

Coordination and Planning, Department 

of Homeland Security, Washington, DC 

20528. For privacy issues please 

contact: Mary Ellen Callahan (703–235– 


hsrobinson on DSK69SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Proposed Rules 69605 

0780), Chief Privacy Officer, Privacy 

Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

Background: In accordance with the 

Privacy Act of 1974, 5 U.S.C. 552a, the 

Department of Homeland Security 

(DHS) Office of Operations Coordination 

and Planning (OPS), including the 

National Operations Center (NOC), 

proposes to establish a new DHS system 

of records titled, ‘‘DHS/OPS—003 

Operations Collection, Planning, 

Coordination, Reporting, Analysis, and 

Fusion System of Records.’’ 

This system of records will allow 

DHS/OPS, including the NOC, to 

collect, plan, coordinate, report, 

analyze, and fuse information related to 

all-threats and all-hazards, law 

enforcement activities, intelligence 

activities, man-made disasters and acts 

of terrorism, natural disasters, and other 

information collected or received from 

Federal, State, local, tribal, and 

territorial agencies and organizations; 

foreign governments and international 

organizations; domestic security and 

emergency management officials; and 

private sector entities or individuals 

into the Department. 

OPS serves as a joint operations 

coordination and planning capability at 

the strategic level to support internal 

DHS operational decision making, DHS 

leadership, and participation in 

interagency operations. OPS integrates 

DHS and interagency planning and 

operations coordination in order to 

prevent, protect, and respond to and 

recover from all-threats and all-hazards, 

man-made disasters and acts of 

terrorism, and natural disasters. 

The NOC serves as the nation’s 

homeland security center for 

information sharing and domestic 

incident management, dramatically 

increasing coordination between 

federal, state, local, tribal, and territorial 

agencies and organizations; foreign 

governments and international 

organizations; domestic security and 

emergency management officials; and 

private sector entities or individuals. 

The NOC collects and fuses information 

from a variety of sources everyday to 

help deter, detect, and prevent terrorist 

acts as well as to prepare for, respond 

to, and recover from all-threats and allhazards, man-made disasters and acts of 

terrorism, and natural disasters. 

Operating 24 hours a day, seven days a 

week, 365 days a year, the NOC 

provides real-time situational awareness 

and monitoring of the homeland, 

coordinates incident and response 

activities, and, in conjunction with 

other DHS components, issues 

advisories and bulletins concerning 

threats to homeland security, including 

natural disasters, as well as specific 

protective measures. Information on 

domestic incident management is 

shared with state Fusion Centers and 

Emergency Operations Centers (EOC) at 

all levels through Watch Officer Desks 

located in the NOC. 

The purpose of this system is to: 

1. Collect, plan, coordinate, and 

analyze all-threats and all-hazards, law 

enforcement activities, intelligence 

activities, man-made disasters and acts 

of terrorism, natural disasters, and other 

information collected or received from 

Federal, State, local, tribal, and 

territorial agencies and organizations; 

foreign governments and international 

organizations; domestic security and 

emergency management officials; and 

private sector entities or individuals; 

and 

2. Report, integrate, and fuse such 

information throughout DHS in order to 

share information, increase 

coordination, identify and assess the 

nature and scope of information and 

understand risks in light of potential or 

actual vulnerabilities to the homeland; 

and help deter, detect, and prevent 

terrorist acts as well as to prepare for, 

respond to, and recover from all-threats 

and all-hazards, man-made disasters 

and acts of terrorism, and natural 

disasters. 

DHS is authorized to implement this 

program primarily through 5 U.S.C. 301, 

552, 552a; 44 U.S.C. 3101; 6 U.S.C. 121; 

§§ 201 and 514 of the Homeland 

Security Act of 2002, as amended; § 520 

of the Post Katrina Emergency 

Management Reform Act; 44 U.S.C. 

3101; Executive Order (E.O.) 12958; E.O. 

9397; E.O. 12333; E.O. 13356; E.O. 

13388; and Homeland Security 

Presidential Directive 5. This system has 

an effect on individual privacy that is 

balanced by the need to collect, plan, 

coordinate, report, analyze, and fuse 

homeland security information coming 

into and going out of OPS, including the 

NOC. Routine uses contained in this 

notice include sharing with the 

Department of Justice (DOJ) for legal 

advice and representation; to a 

congressional office at the request of an 

individual; to the National Archives and 

Records Administration (NARA) for 

records management; to contractors in 

support of their contract assignment to 

DHS; to appropriate Federal, State, 

tribal, local, international, foreign 

agency, or other appropriate entity 

including the privacy sector in their role 

aiding OPS in their mission; to agencies, 

organizations or individuals for the 

purpose of audit; to agencies, entities, or 

persons during a security or information 

compromise or breach; to an agency, 

organization, or individual when there 

could potentially be a risk of harm to an 

individual; and to the news media in 

the interest of the public. A review of 

this system is being conducted to 

determine if the system of records 

collects information under the 

Paperwork Reduction Act (PRA). 

Consistent with DHS’s information 

sharing mission, information contained 

in the DHS/OPS—003 Collection, 

Planning, Coordination, Reporting, 

Analysis, and Fusion System of Records 

may be shared with other DHS 

components, as well as appropriate 

Federal, State, local, tribal, territorial, 

foreign, or international government 

agencies. This sharing will only take 

place after DHS determines that the 

receiving component or agency has a 

verifiable need to know the information 

to carry out national security, law 

enforcement, immigration, intelligence, 

or other functions consistent with the 

routine uses set forth in this system of 

records notice. 

The information within this system 

that meets the functional standard of the 

National Suspicious Activity Reporting 

Initiative will be placed into the DHS/ 

ALL—031 Information Sharing 

Environment Suspicious Activity 

Reporting Initiative (September 10, 

2010, 75 FR 55335). 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates 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. 

Individuals may request their own 

records that are maintained in a system 

of records in the possession or under the 

control of DHS by complying with DHS 

Privacy Act regulations, 6 CFR part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description of the type and character of 

each system of records that the agency 

maintains, and the routine uses that are 

contained in each system in order to 

make agency recordkeeping practices 

transparent, to notify individuals 

regarding the uses to which personally 

identifiable information is put, and to 

assist individuals in finding such files 

within the agency. 

The Privacy Act allows Government 

agencies to exempt certain records from 


hsrobinson on DSK69SOYB1PROD with PROPOSALS
69606 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Proposed Rules 

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. 

DHS is claiming exemptions from 

certain requirements of the Privacy Act 

for DHS/OPS—003 Operations 

Collection, Planning, Coordination, 

Reporting, Analysis, and Fusion System 

of Records. Some information in DHS/ 

OPS—003 Operations Collection, 

Planning, Coordination, Reporting, 

Analysis, and Fusion 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. 

The exemptions proposed here are 

standard law enforcement and national 

security exemptions exercised by a large 

number of federal law enforcement and 

intelligence agencies. 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. 

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 

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 

‘‘53’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

53. The DHS/OPS—003 Operations 

Collection, Planning, Coordination, 

Reporting, Analysis, and Fusion System of 

Records consists of electronic and paper 

records and will be used by DHS/OPS. The 

DHS/OPS—003 Operations Collection, 

Planning, Coordination, Reporting, Analysis, 

and Fusion 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; national security and 

intelligence activities. The DHS/OPS—003 

Operations Collection, Planning, 

Coordination, Reporting, Analysis, and 

Fusion 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 is 

exempting 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) 

pursuant to 5 U.S.C. 552a (k)(1), (k)(2), and 

(k)(3). 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/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. 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) 

(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. 

Dated: November 5, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–28572 Filed 11–12–10; 8:45 am] 

BILLING CODE 9110–9A–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1112; Directorate 

Identifier 2010–NM–051–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Model F.28 Mark 0070 

and 0100 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

The flight crew of a F28 Mark 0070 (Fokker 

70) aeroplane received a MLG [main landing 

gear] unsafe message after landing gear down 

selection during approach. * * * 


hsrobinson on DSK69SOYB1PROD with PROPOSALS