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

35537 

Vol. 83, No. 145 

Friday, July 27, 2018 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2018–0039] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/ALL–039 Foreign Access 

Management System of Records 

AGENCY: Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: The 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, ‘‘Department of 

Homeland Security/ALL–039 Foreign 

Access Management System of Records’’ 

from certain provisions of the Privacy 

Act. Specifically, the Department 

exempts portions of the ‘‘Department of 

Homeland Security/ALL–039 Foreign 

Access Management 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 July 

27, 2018. 

FOR FURTHER INFORMATION CONTACT: For 

general and privacy-related questions 

please contact: Philip S. Kaplan, 

Privacy@hq.dhs.gov, (202) 343–1717, 

Chief Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

Background 

DHS published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register (83 FR 19020, May 1, 2018) 

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/ALL–039 Foreign 

Access Management System of Records. 

The DHS/ALL–039 Foreign Access 

Management System of Records system 

of records notice (SORN) was published 

in the Federal Register (83 FR 19078, 

May 1, 2018) and comments were 

invited on both the NPRM and SORN. 

Public Comments 

DHS received no comments on the 

NPRM and no comments on the SORN. 

After consideration of the lack of public 

comments, 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 is 

revised 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 paragraph 78 to appendix C to 

part 5 to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

78. The DHS/ALL–039 Foreign Access 

Management System of Records consists of 

electronic and paper records and will be used 

by DHS and its components. The DHS/ALL– 

039 Foreign Access Management 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/ 

ALL–039 Foreign Access Management 

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, pursuant to 

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

exempted this system from the following 

provisions of the Privacy Act: 5 U.S.C. 

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

(e)(4)(I); and (f). When 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) (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 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. When an 

investigation has been completed, 

information on disclosures made may 

continue to be exempted if the fact that an 

investigation occurred remains sensitive after 

completion. 

(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. 

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) 


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35538 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 

(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. 

Philip S. Kaplan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2018–16024 Filed 7–26–18; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–0286; Product 

Identifier 2018–CE–008–AD; Amendment 

39–19340; AD 2018–15–08] 

RIN 2120–AA64 

Airworthiness Directives; Pacific 

Aerospace Limited Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for Pacific 

Aerospace Limited Model 750XL 

airplanes. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued 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 

airplane sound insulation materials 

attached to the aft face of the firewall 

not complying with the applicable burn 

testing criteria for materials on the cabin 

side of the firewall. We are issuing this 

AD to require actions to address the 

unsafe condition on these products. 

DATES: This AD is effective August 31, 

2018. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of August 31, 2018. 

ADDRESSES: You may examine the AD 

docket on the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2018– 

0286; or in person at Docket Operations, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. 

For service information identified in 

this AD, contact Pacific Aerospace 

Limited, Airport Road, Hamilton, 

Private Bag 3027, Hamilton 3240, New 

Zealand; phone: +64 7843 6144; fax: +64 

843 6134; email: pacific@

aerospace.co.nz; internet: 

www.aerospace.co.nz. You may view 

this referenced service information at 

the FAA, Policy and Innovation 

Division, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. It is also available 

on the internet at http://

www.regulations.gov by searching for 

Docket No. FAA–2018–0286. 

FOR FURTHER INFORMATION CONTACT: 

Mike Kiesov, Aerospace Engineer, FAA, 

Small Airplane Standards Branch, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4144; fax: (816) 329–4090; email: 

mike.kiesov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to Pacific Aerospace Limited 

Model 750XL airplanes. The NPRM was 

published in the Federal Register on 

April 11, 2018 (83 FR 15517). The 

NPRM proposed to correct an unsafe 

condition for the specified products and 

was based on mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country. The MCAI states: 

The sound insulation material on the aft 

face of the firewall must comply with the 

applicable burn test criteria specified in FAR 

[14 CFR] 23.853(f). [As of August 30, 2017, 

§ 23.853 was replaced by § 23.2325 (81 FR 

96572, December 30, 2016).] 

Inspect the aft face of the firewall and 

determine if sound insulation material is 

installed per the instructions in Pacific 

Aerospace Mandatory Service Bulletin (MSB) 

PACSB/XL/095 issue 1, dated 21 December 

2017, or later approved revision. 

If a layer of black foam insulating material 

is found covering the firewall, then remove 

the material per the instructions in MSB 

PACSB/XL/095 before further flight. 

The MCAI can be found in the AD 

docket on the internet at: https://

www.regulations.gov/ 

document?D=FAA-2018-0286-0002. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Related Service Information Under 1 

CFR Part 51 

We reviewed Pacific Aerospace 

Service Bulletin PACSB/XL/095, Issue 

1, dated December 21, 2017. The service 

information describes procedures for 

inspection of the airplane sound 

insulation attached to the aft face of the 

firewall and removal if necessary. This 

service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Costs of Compliance 

We estimate that this AD will affect 

22 products of U.S. registry. We also 

estimate that it would take about 1 

work-hour per product to comply with 

the basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of this AD on U.S. operators to 

be $1,870, or $85 per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 8 work-hours, for a cost of $680 

per product. We have no way of 

determining the number of products 

that may need these actions. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. 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. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

This AD is issued in accordance with 

authority delegated by the Executive 

Director, Aircraft Certification Service, 

as authorized by FAA Order 8000.51C. 


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