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

12437 

Vol. 75, No. 50 

Tuesday, March 16, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0070] 

Privacy Act of 1974: Implementation of 

Exemptions; U.S. Immigration and 

Customs Enforcement—006 

Intelligence Records System 

AGENCY: Privacy Office, DHS. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security is issuing a final rule to amend 

its regulations to exempt portions of a 

U.S. Immigration and Customs 

Enforcement system of records entitled 

the ‘‘U.S. Immigration and Customs 

Enforcement—006 Intelligence Records 

System’’ from certain provisions of the 

Privacy Act. Specifically, the 

Department exempts portions of the 

Immigration and Customs Enforcement 

Intelligence Records System 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 March 16, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact Lyn 

Rahilly (202–732–3300), Privacy Officer, 

U.S. Immigration and Customs 

Enforcement, 500 12th Street, SW., 

Washington, DC 20536, e-mail: 

ICEPrivacy@dhs.gov. For privacy issues 

please contact Mary Ellen Callahan 

(703–235–0780), Chief Privacy Officer, 

Privacy Office, U.S. Department of 

Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Homeland 

Security (DHS) published a notice of 

proposed rulemaking in the Federal 

Register, 73 FR 74633, December 9, 

2008, proposing to exempt portions of 

U.S. Immigration and Customs 

Enforcement—006 Intelligence Records 

system of records from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. The 

Immigration and Customs Enforcement 

Intelligence Records system of records 

notice was published concurrently in 

the Federal Register, 73 FR 74735, 

December 9, 2008, and comments were 

invited on both the notice of proposed 

rulemaking and system of records 

notice. The notice of proposed 

rulemaking did not receive public 

comments. The system of records notice 

received one public comment. 

Public Comments 

The notice of proposed rulemaking 

did not receive public comments. The 

system of records notice received one 

public comment. The public comment 

was an expression of an individual’s 

personal opinions and unrelated to the 

system of records notice. DHS 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: Pub. L. 107–296, 116 Stat. 

2135; (6 U.S.C. 101 et seq.); 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. At the end of Appendix C to Part 

5, add the following new paragraph 50 

to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

50. The Immigration and Customs 

Enforcement (ICE)—006 Intelligence Records 

System (IIRS) consists of electronic and 

paper records and will be used by the 

Department of Homeland Security (DHS). 

IIRS 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; and national 

security and intelligence activities. IIRS 

contains information that is collected by 

other federal and foreign government 

agencies and may contain personally 

identifiable information. Pursuant to 

exemption 5 U.S.C. 552a(j)(2) of the Privacy 

Act, portions of this system are exempt from 

5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), 

(e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); (f), 

and (g). Pursuant to 5 U.S.C. 552a(k)(2), this 

system is exempt from the following 

provisions of the Privacy Act, subject to the 

limitations set forth in those subsections: 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), and (f). 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 (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 the 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 the 

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 impossible administrative burden 

by requiring investigations to be 

continuously 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 


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12438 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 

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 an 

investigation, thereby interfering with the 

related investigation and law enforcement 

activities. 

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

Subjects) because providing such detailed 

information would impede law enforcement 

in that it could compromise investigations 

by: revealing the existence of an otherwise 

confidential investigation and thereby 

provide an opportunity for the subject of an 

investigation to conceal evidence, alter 

patterns of behavior, or take other actions 

that could thwart investigative efforts; reveal 

the identity of witnesses in investigations, 

thereby providing an opportunity for the 

subjects of the investigations or others to 

harass, intimidate, or otherwise interfere 

with the collection of evidence or other 

information from such witnesses; or reveal 

the identity of confidential informants, 

which would negatively affect the 

informant’s usefulness in any ongoing or 

future investigations and discourage 

members of the public from cooperating as 

confidential informants in any future 

investigations. 

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

(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 in 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 (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’ 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) to the extent that 

the system is exempt from other specific 

subsections of the Privacy Act relating to 

individuals’ rights to access and amend their 

records contained in the system. Therefore 

DHS is not required to establish rules or 

procedures pursuant to which individuals 

may seek a civil remedy for the agency’s: 

refusal to amend a record; refusal to comply 

with a request for access to records; failure 

to maintain accurate, relevant timely and 

complete records; or failure to otherwise 

comply with an individual’s right to access 

or amend records. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–5618 Filed 3–15–10; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1090; Directorate 

Identifier 2009–SW–31–AD; Amendment 39– 

16227; AD 2010–06–03] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model AS355E, AS355F, 

AS355F1, AS355F2, and AS355N 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter France (Eurocopter) Model 

AS355E, AS355F, AS355F1, AS355F2, 

and AS355N helicopters. This AD 

results from a mandatory continuing 

airworthiness information (MCAI) AD 

issued by the European Aviation Safety 

Agency (EASA), which is the Technical 

Agent for the Member States of the 

European Community. The MCAI AD 

states that a metallurgical nonconformity was discovered on a flange 

of the forward shaft section of the tail 

rotor drive shaft (drive shaft). The MCAI 

AD also states that stress analysis has 

shown that this non-conformity can 

significantly reduce the strength of the 

drive shaft and thereby its service life. 

The AD actions are intended to remove 

non-conforming drive shafts from 

service and prevent failure of the drive 

shaft and subsequent loss of control of 

the helicopter. 

DATES: This AD becomes effective on 

April 20, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

regulations.gov or in person at the 

Docket Operations office, U.S. 

Department of Transportation, M–30, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC between 9 a.m. and 5 

p.m. Monday through Friday, except 

Federal holidays. 

You may get the service information 

identified in this AD from American 

Eurocopter Corporation, 2701 Forum 

Drive, Grand Prairie, TX 75053–4005, 

telephone (800) 232–0323, fax (972) 

641–3710, or at http:// 

www.eurocopter.com. 

EXAMINING THE AD DOCKET: The AD 

docket contains the Notice of proposed 

rulemaking (NPRM), the economic 

evaluation, any comments received, and 

other information. The street address 

and operating hours for the Docket 

Operations office (telephone (800) 647– 

5527) are in the ADDRESSES section of 

this AD. Comments will be available in 

the AD docket shortly after they are 

received. 

FOR FURTHER INFORMATION CONTACT: 

Uday Garadi, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone 

(817) 222–5123; fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued an NPRM on November 23, 

2009 to amend 14 CFR part 39 to 

include an AD that would apply to the 

Eurocopter Model AS355E, AS355F, 

AS355F1, AS355F2, and AS355N 

helicopters. That NPRM was published 

in the Federal Register on December 10, 

2009 (74 FR 65492). That NPRM 

proposed to remove non-conforming 

drive shafts from service to prevent 

failure of the drive shaft and subsequent 

loss of control of the helicopter. You 

may obtain further information by 

examining the MCAI AD and any 

related service information in the AD 

docket. 

Comments 

By publishing the NPRM, we gave the 

public an opportunity to participate in 

developing this AD. However, we 

received no comment on the NPRM or 

on our determination of the cost to the 

public. Therefore, based on our review 

and evaluation of the available data, we 

have determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Relevant Service Information 

Eurocopter has issued Alert Service 

Bulletin No. 01.00.51, Revision 1, dated 

February 9, 2006. The actions described 

in the MCAI AD are intended to correct 

the same unsafe condition as that 

identified in the service information. 


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