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

44124 

Vol. 82, No. 182 

Thursday, September 21, 2017 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS 2017–0026] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security (DHS)/U.S. Customs and 

Border Protection (CBP)-024 CBP 

Intelligence Records System (CIRS) 

System of Records 

AGENCY: Department of Homeland 

Security, Privacy Office. 

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 (DHS)/U.S. Customs and 

Border Protection (CBP)-024 CBP 

Intelligence Records System (CIRS) 

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, 2017. 

ADDRESSES: You may submit comments, 

identified by docket number DHS 2017– 

0026, 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: Debra 

L. Danisek (202) 344–1610, Privacy 

Officer, U.S. Customs and Border 

Protection, 1300 Pennsylvania Avenue 

NW., 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 

concurrently establish a new DHS 

system of records titled, ‘‘DHS/CBP–024 

CBP Intelligence Records System (CIRS) 

System of Records’’ and this notice of 

proposed rulemaking 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 CIRS system of records is owned 

by CBP’s Office of Intelligence (OI). 

CIRS contains information collected by 

CBP to support CBP’s law enforcement 

intelligence mission. This information 

includes raw intelligence information 

collected by CBP’s OI, public source 

information, and information initially 

collected by CBP pursuant to its 

immigration and customs authorities. 

This information is analyzed and 

incorporated into intelligence products. 

CBP currently uses the Analytical 

Framework for Intelligence (AFI) and 

the Intelligence Reporting System (IRS) 

information technology (IT) systems to 

facilitate the development of finished 

intelligence products. These products 

are disseminated to various stakeholders 

including CBP executive management, 

CBP operational units, various 

government agencies, and the 

Intelligence Community. Information 

collected by CBP for an intelligence 

purpose that is not covered by an 

existing DHS System of Records Notice 

(SORN) and is not incorporated into a 

finished intelligence product is retained 

and disseminated in accordance with 

this SORN. Finished intelligence 

products, and the information contained 

in those products, regardless of the 

original source system of that 

information, are also retained and 

disseminated in accordance with this 

SORN. 

CIRS is the exclusive CBP SORN for 

finished intelligence products and any 

raw intelligence information, public 

source information, or other information 

collected by CBP for an intelligence 

purpose that is not subject to an existing 

DHS SORN. CIRS records were 

previously covered by CBP’s Automated 

Targeting System SORN, DHS/CBP–006, 

77 FR 30297 (May 22, 2012), and CBP’s 

Analytical Framework for Intelligence 

System SORN, DHS/CBP–017, 77 FR 

13813 (June 7, 2012). As part of the 

intelligence process, CBP investigators 

and analysts must review large amounts 

of data to identify and understand 

relationships between individuals, 

entities, threats, and events to generate 

law enforcement intelligence products 

that provide CBP operational units with 

actionable information for law 

enforcement purposes. 

DHS is claiming exemptions from 

certain requirements of the Privacy Act 

for DHS/CBP–024 CBP Intelligence 

Records System (CIRS) System of 

Records. Some information in CIRS 

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 

retains the 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 


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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 44125 

process, the applicable exemptions may 

be waived on a case by case basis. 

A notice of system of records for DHS/ 

CBP–024 CIRS System of Records is also 

published in this issue of the Federal 

Register. 

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 individuals’ records. 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 an 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. Additionally, and similarly, 

the Judicial Redress Act (JRA) provides 

a statutory right to covered persons to 

make requests for access and 

amendment to covered records, as 

defined by the JRA, along with judicial 

review for denials of such requests. In 

addition, the JRA prohibits disclosures 

of covered records, except as otherwise 

permitted by the Privacy Act. 

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. 

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. In appendix C to part 5, add 

paragraph 78: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

78. The DHS/CBP–024 CBP Intelligence 

Records System (CIRS) System of Records 

consists of electronic and paper records and 

will be used by DHS and its components. The 

CIRS 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 CIRS 

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(j)(2), has 

exempted this system 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). Additionally, the Secretary of 

Homeland Security, pursuant to 5 U.S.C. 

552a(k)(1) and (k)(2), 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 this 

system receives a record from another system 

exempted in that source system under 5 

U.S.C. 552a(k)(1), (k)(2), or (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) 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. 

(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 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 

and amendment 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, 

amend, 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 (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 


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44126 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 

complete records; or failure to otherwise 

comply with an individual’s right to access 

or amend records. 

Jonathan R. Cantor 

Acting Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2017–19717 Filed 9–20–17; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

[Docket No. FAA–2017–0851] 

Airworthiness Criteria: Glider Design 

Criteria for DG Flugzeugbau GmbH 

Model DG–1000M Glider 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed design 

criteria. 

SUMMARY: This notice announces the 

availability of and requests comments 

on the proposed design criteria for the 

DG Flugzeugbau GmbH model DG– 

1000M glider. The Administrator finds 

the proposed design criteria, which 

make up the certification basis for the 

DG–1000M glider, acceptable. These 

final design criteria will be published in 

the Federal Register. 

DATES: Comments must be received on 

or before October 23, 2017. 

ADDRESSES: Send comments identified 

by docket number FAA–2017–0851 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, 

DC, 20590–0001. 

• Hand Delivery of Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

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

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://regulations.gov, including any 

personal information the commenter 

provides. Using the search function of 

the docket Web site, anyone can find 

and read the electronic form of all 

comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jim Rutherford, AIR–692, Federal 

Aviation Administration, Policy & 

Innovation Division, Small Airplane 

Standards Branch, 901 Locust, Room 

301, Kansas City, MO 64106, telephone 

(816) 329–4165, facsimile (816) 329– 

4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the design criteria, 

explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will consider all comments 

received on or before the closing date 

for comments. We will consider 

comments filed late if it is possible to 

do so without incurring expense or 

delay. We may change these 

airworthiness design criteria based on 

received comments. 

Background 

On May 18, 2011, DG Flugzeugbau 

GmbH submitted an application for type 

validation of the DG–1000M glider in 

accordance with the Technical 

Implementation Procedures for 

Airworthiness and Environmental 

Certification Between the FAA and the 

European Aviation Safety Agency 

(EASA), dated May 05, 2011. This 

model is a variant of the DG–1000T 

powered glider and will be added to 

existing Type Certificate No. G20CE. 

The model DG–1000M is a two-seat, 

mid-wing, self-launching, powered 

glider with a retractable engine and 

fixed-pitch propeller. It is constructed 

from carbon and glass fiber reinforced 

plastic, and features a conventianl Ttype tailplane. The glider also features 

a 65.6 foot (20 meter) wingspan and a 

maximum weight of 1,742 pounds (790 

kilograms). 

The EASA type certificated the DG– 

1000M powered glider under Type 

Certificate Number (No.) EASA.A.072 

on March 17, 2011. The associated 

EASA Type Certificate Data Sheet 

(TCDS) No. EASA.A.072 defines the DG 

Flugzeubau GmbH certification basis 

submitted to the FAA for review and 

acceptance. 

The applicable requirements for glider 

certification in the United States can be 

found in FAA Advisory Circular (AC) 

21.17–2A, ‘‘Type Certification—FixedWing Gliders (Sailplanes), Including 

Powered Gliders,’’ dated February 10, 

1993. AC 21.17–2A has been the basis 

for certification of gliders and powered 

gliders in the United States for many 

years. AC 21.17–2A states that 

applicants may utilize the Joint Aviation 

Requirements (JAR)–22, ‘‘Sailplanes and 

Powered Sailplanes,’’ or another 

accepted airworthiness criteria, or a 

combination of both, as the accepted 

means for showing compliance for 

glider type certification. 

Type Certification Basis 

The applicant proposed a 

Certification Basis based on JAR–22, 

amendment 6, dated August 01, 2001. In 

addition to JAR–22 requirements, the 

applicant proposed to comply with 

other requirements from the 

certification basis referenced in EASA 

TCDS No. EASA.A.072, including an 

equivalent safety finding. 

List of Subjects in 14 CFR Part 21 

Aircraft, Aviation safety, Reporting 

and record keeping requirements. 

The authority citation for these 

airworthiness criteria is as follows: 

Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 

106(g), 40105, 40113, 44701–44702, 44704, 

44707, 44709, 44711, 44713, 44715, 45303. 

The Proposed Design Criteria 

Applicable Airworthiness Criteria 

under § 21.17(b). 

Based on the Special Class provisions 

of § 21.17(b), the following 

airworthiness requirements form the 

FAA Certification Basis for this design: 

1. 14 CFR part 21, effective February 1, 

1965, including amendments 21–1 through 

21–92 as applicable. 

2. JAR–22, amendment 6, dated August 01, 

2001. 

3. EASA Equivalent Safety Finding to JAR 

22.207(c)—Stall warning. (FAA issued 

corresponding Equivalent Level of Safety 

(ELOS) Memorandum No. ACE–07–01A, 

dated April 02, 2012, as an extension to an 

existing ELOS finding). 

4. ‘‘Standards for Structural Substantiation 

of Sailplane and Powered Sailplane Parts 

Consisting of Glass or Carbon Fiber 


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