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

91247 

Vol. 89, No. 223 

Tuesday, November 19, 2024 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. FEMA–2023–0020] 

Privacy Act of 1974: Implementation of 

Exemptions 

AGENCY: Federal Emergency 

Management Agency, U.S. Department 

of Homeland Security. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the U.S. 

Department of Homeland Security is 

issuing a final rule to amend its 

regulations to exempt portions of a 

newly established system of records 

titled, ‘‘U.S. Department of Homeland 

Security/Federal Emergency 

Management Agency–015 Fraud 

Investigations System of Records’’ from 

specific provisions of the Privacy Act. 

This system of records includes records 

on individuals being investigated for or 

involved in an investigation relating to 

the misuse of federal disaster funds and/ 

or benefits. Specifically, the Department 

exempts portions of the ‘‘–DHS/FEMA– 

015 Fraud Investigations 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 

November 19, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact: 

Russell Bard, (202–646–3606), Privacy 

Officer, Federal Emergency Management 

Agency, and 500 C Street SW, 

Washington, DC 20478. For privacy 

questions, please contact: Deborah T. 

Fleischaker, Privacy@hq.dhs.gov, Chief 

Privacy Officer (A), Privacy Office, U.S. 

Department of Homeland Security, 

Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The U.S. Department of Homeland 

Security (DHS) Federal Emergency 

Management Agency (FEMA) published 

a Notice of Proposed Rulemaking 

(NPRM) in the Federal Register, 86 FR 

15138, March 22, 2021, 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/FEMA–015 Fraud 

Investigations System of Records. The 

DHS/FEMA–015 Fraud Investigations 

System of Records Notice (SORN) was 

published concurrently in the Federal 

Register, 86 FR 15237, on March 22, 

2021, and comments were invited on 

the NPRM and SORN. 

II. Public Comments 

DHS/FEMA received a total of one 

public comment. The one comment was 

received on the NPRM. 

NPRM 

DHS/FEMA received one public 

comment in support of the NPRM. The 

individual noted that they were ‘‘in 

agreeance with this proposed regulation. 

However, the individual also cited 

concerns about the parameters or 

stipulations from which a fraud 

investigation can be launched. The 

publication process for the Fraud 

Investigations SORN, as required by the 

Privacy Act, promotes the 

accountability, responsibility, legislative 

oversight, and open government 

requested by the commenter. In addition 

to the publication of the Fraud 

Investigations SORN in the Federal 

Register, FEMA also provides 

transparency into its systems by 

publishing Privacy Impact Assessments 

(PIA). PIAs are conducted in accordance 

with the E-Government Act of 2002 

(Pub. L. 107–347) by FEMA Privacy 

personnel, are reviewed by the DHS 

Privacy Office, and signed by the DHS 

Chief Privacy Officer. PIAs describe 

how FEMA information technology 

systems work, what information they 

collect, how FEMA uses that 

information, any external parties with 

whom the information is shared, and 

the privacy risks and corresponding 

mitigations employed by FEMA. All 

DHS and FEMA PIAs are published on 

the DHS website, www.dhs.gov/privacy. 

SORN 

DHS received no comments on the 

SORN. After consideration of the one 

public comment, 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/FEMA 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. 6 

U.S.C. 142; DHS Del. No. 13001, Rev. 01 

(June 2, 2020). 

Subpart A also issued under 5 U.S.C. 552. 

Subpart B also issued under 5 U.S.C. secs. 

552a and 552 note. 

■ 2. In appendix C to part 5, add 

paragraph 90 to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

90. The DHS/FEMA–015 Fraud 

Investigations System of Records consists of 

electronic and paper records that DHS and its 

components will use. The DHS/FEMA–015 

Fraud Investigations 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; and protection of 

the President of the U.S. or other individuals 

pursuant to Section 3056 and 3056A of Title 

18. The DHS/FEMA–015 Fraud 

Investigations 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. 522a (k)(2), has exempted this 

system from the following provisions of the 

Privacy Act, subject to limitations set forth in 

5 U.S.C. secs. 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. 


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91248 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 

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 the 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, tamper with witnesses or 

evidence, and avoid detection or 

apprehension, which would undermine the 

entire investigative process. 

(b) From subsection (d) (Access and 

Amendment to Records) because access to 

the records contained in this system of 

records could apprise 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, tamper 

with witnesses or evidence, and avoid 

detection or apprehension. Amendment of 

the records could interfere with ongoing 

investigations and law enforcement activities 

and 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 DHS is therefore not 

required to establish requirements, rules, or 

procedures with respect to such access. 

Providing notice to individuals concerning 

the existence of records about 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, potential witnesses, and 

confidential informants. 

* * * * * 

Deborah T. Fleischaker, 

Chief Privacy Officer (A), U.S. Department 

of Homeland Security. 

[FR Doc. 2024–26836 Filed 11–15–24; 11:15 am] 

BILLING CODE 9111–19–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–2011; Project 

Identifier AD–2023–01121–R; Amendment 

39–22885; AD 2024–23–06] 

RIN 2120–AA64 

Airworthiness Directives; MD 

Helicopters, LLC, Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

MD Helicopters, LLC (MDHI), Model 

369, 369A, 369D, 369E, 369F, 369FF, 

369H, 369HE, 369HM, 369HS, 500N, 

and 600N helicopters. This AD was 

prompted by a report of a seized and 

damaged roller bearing in the pilot 

interconnecting cyclic torque tube 

(torque tube) assembly. This AD 

requires repetitively inspecting the 

torque tube assembly and roller 

bearings, and depending on the results, 

replacing parts, or accomplishing 

additional inspections. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective December 

24, 2024. 

ADDRESSES: AD Docket: You may 

examine the AD docket at 

regulations.gov under Docket No. FAA– 

2024–2011; or in person at Docket 

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

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, any comments received, and 

other information. The address for 

Docket Operations is 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 FURTHER INFORMATION CONTACT: 

Eduardo Orozco-Duran, Aviation Safety 

Engineer, FAA, 3960 Paramount 

Boulevard, Lakewood, CA 90712; 

phone: (562) 627–5264; email: 

eduardo.orozco-duran@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to MDHI Model 369, 369A, 369D, 

369E, 369F, 369FF, 369H, 369HE, 

369HM, 369HS, 500N, and 600N 

helicopters with a torque tube part 

number 369H7133–7 installed. The 

NPRM published in the Federal 

Register on August 8, 2024 (89 FR 

64834). The NPRM was prompted by a 

report of a seized and damaged roller 

bearing assembly in the torque tube 

assembly of an MDHI Model MD369E 

helicopter. Since MDHI Model 369, 

369A, 369D, 369F, 369FF, 369H, 369HE, 

369HM, 369HS, 500N, and 600N 

helicopters have the same torque tube 

assembly installed, they are also 

affected by this unsafe condition. In the 

NPRM, the FAA proposed to require 

repetitively visually inspecting the 

torque tube for corrosion and cracks, 

repetitively visually inspecting the 

roller bearings for corrosion and 

degradation, performing a repetitive 

freedom-of-movement inspection of the 

torque tube assembly for binding or 

ratcheting, and corrective or additional 

action as necessary. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received no comments on 

the NPRM or on the determination of 

the costs. 

Conclusion 

The FAA reviewed the relevant data 

and determined that air safety requires 

adopting this AD as proposed. 

Accordingly, the FAA is issuing this AD 

to address the unsafe condition on these 

products. Except for minor editorial 

changes and clarifying two paragraph 

cross-references in the Required Actions 

section of this AD, paragraphs 

(g)(2)(iii)(A) and (g)(2)(iv), by replacing 

the text ‘‘paragraph (g)(2)(iii) of this 

AD’’ with ‘‘the introductory text of 

paragraph (g)(2)(iii) of this AD,’’ this AD 

is adopted as proposed in the NPRM. 

Costs of Compliance 

The FAA estimates that this AD 

affects 353 helicopters of U.S. registry. 

Labor costs are estimated at $85 per 

work-hour. Based on these numbers, the 

FAA estimates the following costs to 

comply with this AD. 

Visually inspecting the torque tube 

and roller bearings will take 1 workhour for an estimated cost of $85 per 

helicopter and $30,005 for the U.S. fleet, 


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