Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Rules and Regulations 79949 

national security and intelligence activities; 

and protection of the President of the U.S. or 

other individuals pursuant to Section 3056 

and 3056A of Title 18. The DHS/ALL—031 

ISE SAR Initiative System of Records 

contains information that is collected by, on 

behalf of, in support of, or in cooperation 

with DHS, its components, as well as other 

federal, state, local, tribal, or foreign agencies 

or private sector organization 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 the limitations set forth in 5 U.S.C. 

552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), and 

(e)(12); (f); (g)(1); and (h) of the Privacy Act 

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 the 

limitation set forth in 5 U.S.C. 552a(c)(3); (d); 

(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f) of 

the Privacy Act pursuant to 5 U.S.C. 

552a(k)(2) and (k)(3). Exemptions from these 

particular subsections are justified, on a caseby-case basis to be determined at the time a 

request is made, for the following reasons: 

(a) From subsection (c)(3) and (c)(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. 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 (e)(12) (Computer 

Matching) if the agency is a recipient agency 

or a source agency in a matching program 

with a non-Federal agency, with respect to 

any establishment or revision of a matching 

program, at least 30 days prior to conducting 

such program, publish in the Federal 

Register notice of such establishment or 

revision. 

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

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

(k) From subsection (h) (Legal Guardians) 

the parent of any minor, or the legal guardian 

of any individual who has been declared to 

be incompetent due to physical or mental 

incapacity or age by a court of competent 

jurisdiction, may act on behalf of the 

individual. 

Dated: December 9, 2010. 

Mary Ellen Callahan 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–32000 Filed 12–20–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 2 

RIN 0503–AA43 

Revision of Delegation of Authority 

AGENCY: Office of the Secretary, USDA. 

ACTION: Final rule. 

SUMMARY: This document amends the 

delegation of authority from the U.S. 

Department of Agriculture’s Under 

Secretary for Marketing and Regulatory 

Programs (MRP) to the Deputy Under 

Secretary for MRP to establish the order 

in which a Deputy Under Secretary may 

perform the duties and exercise the 

powers of the Under Secretary during 

the absence or unavailability of the 

Under Secretary when there is more 

than one Deputy Under Secretary. 

DATES: Effective Date: December 21, 

2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Karen Grillo, Chief of Staff, Marketing 

and Regulatory Programs, USDA, 1400 

Independence Avenue, SW., 

Washington, DC 20250; 202–7204–256. 

SUPPLEMENTARY INFORMATION: Pursuant 

to 7 CFR 2.77, the Under Secretary for 

Marketing and Regulatory Programs 

(MRP) has delegated to the Deputy 

Under Secretary for MRP the following 

authority, to be exercised only during 

the absence or unavailability of the 

Under Secretary: Perform all the duties 

and exercise all the powers which are 

now or which may hereafter be 

delegated to the Under Secretary. This 

final rule amends 7 CFR 2.77 to 

establish the order in which a Deputy 

Under Secretary may exercise that 

delegation when the MRP mission area 

has more than one Deputy Under 

Secretary. The authority shall be 

exercised by the respective Deputy 

Under Secretary in the order in which 

he or she has taken office as the Deputy 

Under Secretary. 

This rule relates to internal agency 

management. Therefore, this rule is 

exempt from the provisions of Executive 

Orders 12866 and 12988. Moreover, 

pursuant to 5 U.S.C. 553, notice of 

proposed rulemaking and opportunity 

for comment are not required for this 

rule, and it may be made effective less 


jlentini on DSKJ8SOYB1PROD with RULES
79950 Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Rules and Regulations 

than 30 days after publication in the 

Federal Register. In addition, under 5 

U.S.C. 804, this rule is not subject to 

congressional review under the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Public Law 104– 

121. Finally, this action is not a rule as 

defined by 5 U.S.C. 601 et seq., the 

Regulatory Flexibility Act, and thus is 

exempt from the provisions of that Act. 

List of Subjects in 7 CFR Part 2 

Authority delegations (Government 

agencies). 

■ Accordingly, 7 CFR part 2 is amended 

as follows: 

PART 2—DELEGATIONS OF 

AUTHORITY BY THE SECRETARY OF 

AGRICULTURE AND GENERAL 

OFFICERS OF THE DEPARTMENT 

■ 1. The authority for part 2 continues 

to read as follows: 

Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 

301; Reorganization Plan No. 2 of 1953, 3 

CFR 1949–1953 Comp., p. 1024. 

Subpart N—Delegations of Authority 

by the Under Secretary for Marketing 

and Regulatory Programs 

■ 2. Section 2.77 is revised to read as 

follows: 

§ 2.77 Deputy Under Secretary for 

Marketing and Regulatory Programs. 

Pursuant to § 2.22(a), subject to 

reservations in § 2.22(b), and subject to 

policy guidance and direction by the 

Under Secretary, the following 

delegation of authority is made by the 

Under Secretary for Marketing and 

Regulatory Programs to the Deputy 

Under Secretary for Marketing and 

Regulatory Programs, to be exercised 

only during the absence or 

unavailability of the Under Secretary: 

Perform all the duties and exercise all 

the powers which are now or which 

may hereafter be delegated to the Under 

Secretary for Marketing and Regulatory 

Programs: Provided, that this authority 

shall be exercised by the respective 

Deputy Under Secretary in the order in 

which he or she has taken office as a 

Deputy Under Secretary. 

Dated: December 2, 2010. 

Edward Avalos, 

Under Secretary, Marketing and Regulatory 

Programs. 

[FR Doc. 2010–31942 Filed 12–20–10; 8:45 am] 

BILLING CODE 3410–90–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1253; Directorate 

Identifier 2010–SW–084–AD; Amendment 

39–16550; AD 2010–26–11] 

RIN 2120–AA64 

Airworthiness Directives; Kaman 

Aerospace Corporation (Kaman) Model 

K–1200 Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

Kaman Model K–1200 helicopters. This 

AD requires revising the Limitations 

section of the Instructions for Continued 

Airworthiness (ICA) by establishing a 

life limit of 8,000 hours time-in-service 

(TIS) for each main rotor blade (blade) 

set. Also, this AD requires removing 

each blade set from service if it has 

accumulated 8,000 or more hours timein-service (TIS). This AD also requires 

replacing certain blade sets with 

airworthy blade sets at specified 

intervals based on the blade set serial 

number (S/N). This AD was prompted 

by an accident and the subsequent 

discovery of cracks in multiple blade 

spars. We are issuing this AD to prevent 

blade failure and subsequent loss of 

control of the helicopter. 

DATES: This AD is effective on January 

5, 2011. 

We must receive comments on this 

AD by February 22, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this AD, contact Kaman Aerospace 

Corporation, K-max Product Support 

Center, Building 33, P.O. Box 2, 1332 

Blue Hills Avenue, Bloomfield, CT 

06002, telephone (860) 242–4461. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. You may 

review copies of the referenced service 

information at the FAA, Rotorcraft 

Directorate, 2601 Meacham Boulevard, 

Fort Worth, TX 76137. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Faust, Aerospace Engineer, 

Boston Aircraft Certification Office, 

FAA, 12 New England Executive Park; 

telephone: (781) 238–7763; fax: (781) 

238–7170; e-mail: 

nicholas.faust@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We are adopting a new AD for the 

Kaman Model K–1200 helicopters that 

requires revising the Airworthiness 

Limitations section of the ICA by 

establishing a life limit of 8,000 hours 

TIS for each blade set. Previously, these 

blades sets did not have an established 

retirement life but had specified 

overhaul intervals. This AD also 

requires removing each blade set with 

8,000 or more hours TIS from service. 

Also, this AD requires replacing certain 

blade sets with airworthy blade sets at 

specified intervals based on the blade 

set S/N. This AD was prompted by an 

accident and the subsequent discovery 

of cracks in multiple blade spars. This 

condition, if not corrected, could result 

in a cracked spar, failure of a blade, and 

subsequent loss of control of the 

helicopter. 

Relevant Service Information 

We reviewed Kaman Service Bulletin 

No. 131, Rotor Blade Service Life 

Reduction, dated August 11, 2010 (SB). 

The SB specifies establishing ‘‘a service 

life of K–1200 rotor blade spar 

bondment (K911004) to 8,000 hours 

time since new (TSN)’’ and removing all 

blade sets with over 8,000 hours TIS. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other helicopters of this 

same type design. 


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