This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

58254 

Vol. 78, No. 184 

Monday, September 23, 2013 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS 2013–0021] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/U.S. Customs and Border 

Protection—019 Air and Marine 

Operations Surveillance System 

(AMOSS) 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/ 

U.S. Customs and Border Protection— 

019 Air and Marine Operations 

Surveillance System (AMOSS) 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 October 23, 2013. 

ADDRESSES: You may submit comments, 

identified by docket number DHS 2013– 

0021, by one of the following methods: 

• Federal e-Rulemaking Portal: 

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

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Jonathan R. Cantor, Acting 

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: 

Laurence Castelli, (202) 325–0280, 

Privacy Officer, U.S. Customs and 

Border Protection, Washington, DC 

20229. For privacy issues please 

contact: Jonathan R. Cantor (202–343– 

1717), Acting Chief Privacy Officer, 

Privacy Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Homeland Security (DHS)/U.S. Customs 

and Border Protection (CBP) proposes to 

establish a new DHS system of records 

titled, ‘‘DHS/CBP—019 Air and Marine 

Operations Surveillance System 

(AMOSS) System of Records.’’ 

The AMOSS System of Records 

Notice (SORN) is being published 

because AMOSS stores personally 

identifiable information in a system of 

records. AMOSS is a sophisticated radar 

processing system that supports the 

concerted and cooperative effort of air, 

land, and sea vehicles; field offices; and 

command and control centers staffed by 

law enforcement officers (LEO), 

detection enforcement officers (DEO), 

pilots, crew, and Air and Marine 

Operations Center (AMOC) support staff 

in monitoring approaches to the U.S. 

border to detect illicit trafficking and 

direct interdiction actions, as 

appropriate. AMOSS also supports 

domestic operations in conjunction with 

other domestic law enforcement 

agencies by tracking domestic flights, as 

well as providing air traffic monitoring 

for air defense purposes. By processing 

a collection of external data imposed 

over a zooming-capable screen, AMOSS 

provides a real-time picture of air 

activity over a wide portion of North 

America, thus allowing system 

operators to discriminate between 

normal and suspicious air, ground, and 

marine vehicle movement. Much of the 

external data processed by AMOSS does 

not contain Personally Identifiable 

Information (PII) and is supplied to 

AMOSS by means of networked external 

sources. For instance, global positioning 

systems (GPS), maps, datasets from 

radar plot data, track data, and flight 

plan data are all incorporated to 

enhance the system operator’s ability to 

discriminate between normal and 

suspicious aviation movement. 

The collection of information in 

AMOSS is authorized primarily by the 

following authorities: 6 U.S.C. 202; the 

Tariff Act of 1930, as amended, 

including 19 U.S.C. 1590; 19 U.S.C. 

2075(b)(2)(B)(3); the Immigration and 

Nationality Act (INA), 8 U.S.C. 1101, et 

seq., including 8 U.S.C. 1103, 1225, and 

1324; and the Immigration Reform and 

Immigrant Responsibility Act of 1996, 

Public Law 104–208; Presidential 

Directive 47/Homeland Security 

Presidential Directive 16 (NSPD–47/

HSPD–16); and DHS Delegation No. 

7010.3 (May 11, 2006). 

No exemption shall be asserted with 

respect to aircraft data collected from 

the FAA that is maintained in AMOSS. 

However, this FAA data may be shared 

with law enforcement and/or 

intelligence agencies pursuant to the 

above routine uses. The Privacy Act 

requires DHS maintain an accounting of 

the disclosures made pursuant to all 

routine uses. Disclosing the fact that a 

law enforcement or intelligence agency 

has sought particular records may affect 

ongoing law enforcement or intelligence 

activity. As such, pursuant to 5 U.S.C. 

552a(j)(2), DHS will claim an exemption 

from (c)(3); (e)(8); and (g)(1) of the 

Privacy Act of 1974, as amended, as is 

necessary and appropriate to protect 

this information. Further, DHS will 

claim exemption from subsection (c)(3) 

of the Privacy Act of 1974, as amended, 

pursuant to 5 U.S.C. 552a(k)(2) as is 

necessary and appropriate to protect 

this information. 

The Secretary of Homeland Security, 

pursuant to 5 U.S.C. 552a(j)(2), has 

exempted all other AMOSS data from 

the following provisions of the Privacy 

Act: 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), and (e)(8); (f); and (g)(1). 

Additionally, the Secretary of Homeland 

Security, pursuant to 5 U.S.C. 

552a(k)(2), has exempted this non-FAA 

source data in AMOSS 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 


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Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Proposed Rules 58255 

systems of records from which they 

originated and claims any additional 

exemptions set forth here. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which federal government 

agencies collect, maintain, use, and 

disseminate 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. In 

the Privacy Act, an individual is defined 

to encompass U.S. citizens and lawful 

permanent residents. As a matter of 

policy, DHS extends administrative 

Privacy Act protections to all 

individuals when systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. 

The Privacy Act allows government 

agencies to exempt certain records from 

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/U.S. Customs and Border 

Protection—019 Air and Marine 

Operations Surveillance System 

(AMOSS) System of Records. Some 

information in DHS U.S. Customs and 

Border Protection—019 Air and Marine 

Operations Surveillance System 

(AMOSS) 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’s 

ability to obtain information from third 

parties and other sources; and to protect 

the privacy of third parties. Disclosure 

of information to the subject of the 

inquiry could also permit the subject to 

avoid detection or apprehension. 

In appropriate circumstances, when 

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. 

Moreover, no exemption shall be 

asserted with respect to information 

maintained in the system as it relates to 

aircraft data collected from the FAA, 

aside from the accounting of disclosures 

with law enforcement and/or 

intelligence agencies pursuant to the 

routine uses in this SORN. 

A notice of system of records for DHS 

U.S. Customs and Border Protection— 

019 Air and Marine Operations 

Surveillance System (AMOSS) System 

of Records is also published in this 

issue of the Federal Register. 

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 paragraph ‘‘72’’ at the end of 

Appendix C to Part 5 to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

72. The DHS/U.S. Customs and Border 

Protection—019 Air and Marine Operations 

Surveillance System (AMOSS) System of 

Records consists of electronic and paper 

records and will be used by DHS and its 

components. The DHS/U.S. Customs and 

Border Protection—019 Air and Marine 

Operations Surveillance System (AMOSS) 

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/U.S. Customs and Border 

Protection—019 Air and Marine Operations 

Surveillance System (AMOSS) 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. 

(a) No exemption shall be asserted with 

respect to aircraft data collected from the 

Federal Aviation Administration (FAA) that 

is maintained in AMOSS. However, this FAA 

data may be shared with law enforcement 

and/or intelligence agencies pursuant to the 

routine uses listed in the SORN. The Privacy 

Act requires DHS to maintain an accounting 

of the disclosures made pursuant to all 

routine uses. Disclosing the fact that a law 

enforcement or intelligence agency has 

sought particular records may affect ongoing 

law enforcement or intelligence activity. As 

such, pursuant to 5 U.S.C. 552a(j)(2), DHS 

will claim an exemption from (c)(3); (e)(8); 

and (g)(1) of the Privacy Act of 1974, as 

amended, as is necessary and appropriate to 

protect this information. Further, DHS will 

claim exemption from subsection (c)(3) of the 

Privacy Act of 1974, as amended, pursuant to 

5 U.S.C. 552a(k)(2) as is necessary and 

appropriate to protect this information. 

(b) The Secretary of Homeland Security, 

pursuant to exemption 5 U.S.C. 552a(j)(2) has 

exempted all other AMOSS data from the 

following provisions of the Privacy Act: 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), and 

(e)(8); (f), and (g)(1). Additionally, the 

Secretary of Homeland Security, pursuant to 

5 U.S.C. 552a(k)(2), has exempted this nonFAA source data in AMOSS 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). 

(c) 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. 

(d) 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: 

(1) 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 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. 

(2) 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 


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58256 Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Proposed Rules 

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. 

(3) 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. 

(4) 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. 

(5) 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. 

(6) 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, potential witnesses, and 

confidential informants. 

(7) 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. 

(8) 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. 

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

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

Dated: August 6, 2013. 

Jonathan R. Cantor, 

Acting Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2013–22691 Filed 9–20–13; 8:45 am] 

BILLING CODE 4411–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0822; Directorate 

Identifier 2013–SW–004–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) for 

Eurocopter France (Eurocopter) Model 

AS350B3 helicopters with a certain 

modification (MOD) installed. The 

existing AD currently requires installing 

two placards and revising the Rotorcraft 

Flight Manual (RFM). The AD also 

requires certain checks and inspecting 

and replacing, if necessary, all four 

laminated half-bearings (bearings). 

Since we issued that AD, we have 

determined that the unsafe condition 

applies to additional model helicopters, 

and that a recently developed 

Eurocopter modification should be a 

required terminating action for the 

repetitive checks required by the AD. 

This proposed AD would retain the 

existing AD requirements, require 

certain modifications which would be 

terminating action for the airspeed 

limitations, and would add certain 

helicopter models to the bearing 

inspection with a different inspection 

interval. The proposed actions are 

intended to prevent vibration due to a 

failed bearing, failure of the tail rotor, 

and subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by November 22, 

2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

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

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov or in person at the 

Docket Operations Office between 9 

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

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

foreign authority’s AD, the economic 

evaluation, any comments received and 

other information. The street address for 

the Docket Operations Office (telephone 

800–647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

For service information identified in 

this proposed AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at http://

www.eurocopter.com/techpub. You may 

review service information at the FAA, 

Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

76137. 

FOR FURTHER INFORMATION CONTACT: 

Robert Grant, Aviation Safety Engineer, 

Safety Management Group, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

robert.grant@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 


emcdonald on DSK67QTVN1PROD with PROPOSALS