[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Pages 5976-5981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02688]


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DEPARTMENT OF COMMERCE

[Docket No. 170606544-7544-01]


Privacy Act of 1974; System of Records

AGENCY: Department of Commerce, Office of the Secretary.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended; the 
Freedom of Information Act, as amended; and Office of Management and 
Budget (OMB) Circular A-108, ``Federal Agency Responsibilities for 
Review, Reporting, and Publication under the Privacy Act,'' the 
Department of Commerce (Department) is issuing this notice of its 
intent to establish a new system of records entitled ``COMMERCE/DEPT-
29, Unmanned Aircraft Systems.'' The use of Unmanned Aircraft Systems 
(UAS) significantly expands the Department's ability to collect data 
critical to its mission. Additionally, as compared to manned aircraft, 
UAS may provide

[[Page 5977]]

lower-cost operation and augment existing capabilities while reducing 
risks to human life. The Department is committed to ensuring that 
collection, use, retention, or dissemination of information about 
individuals through the use of any technology, including UAS, complies 
with the Constitution, and Federal law, regulations, and policies. We 
invite public comment on the new system announced in this publication.

DATES: To be considered, written comments must be submitted on or 
before March 14, 2018. This new system of records will become effective 
on February 12, 2018, unless the modified system of records notice 
needs to be changed as a result of public comment.
    Newly proposed routine uses 12, 13, 14, 15, 16, and 17 in the 
paragraph entitled ``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, 
INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will become 
effective on March 29, 2018, unless the new system of records notice 
needs to be changed as a result of public comment. If the modified 
system of records notice needs to be changed, the Department will 
publish a subsequent notice in the Federal Register by March 29, 2018, 
stating that the current system of records will remain in effect until 
a revised notice is published in the Federal Register.

ADDRESSES: Please address comments to: NOAA Bureau Chief Privacy 
Officer, 1315 East-West Highway, Silver Spring, MD 20910, SSMC3, Room 
9719.

FOR FURTHER INFORMATION CONTACT: Commanding Officer, NOAA Aircraft 
Operations Center (AOC), 3450 Flightline Drive, Lakeland, FL 33811. 
Requester should provide name and association with the Department, if 
any, pursuant to the inquiry provisions of the Department's rules which 
appear in 15 CFR part 4b.

SUPPLEMENTARY INFORMATION: UAS are used by the Department of Commerce 
for a variety of purposes, including research, disaster relief efforts 
and other rescue efforts, storm tracking, and coastal mapping. The 
Congress recognized the potential wide-ranging benefits of UAS 
operations within the United States in the FAA Modernization and Reform 
Act of 2012 (Pub. L. 112-95), which requires a plan to safely integrate 
civil UAS into the National Airspace System (NAS) by September 30, 
2015. The Department is creating a new system of records for UAS, 
entitled ``COMMERCE/DEPT-29, Unmanned Aircraft Systems,'' as part of 
its commitment to ensuring that collection, use, retention, or 
dissemination of information about individuals through the use of any 
technology, including UAS, complies with the Constitution, and Federal 
law, regulations, and policies.
    The Privacy Act requires each agency that proposes to establish or 
significantly modify a system of records to provide adequate advance 
notice of any such proposal to the Office of Management and Budget 
(OMB), the Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate (5 U.S.C 552a(r)). The purpose of 
providing the advance notice to OMB and Congress is to permit an 
evaluation of the potential effect of the proposal on the privacy and 
other rights of individuals. The Department filed a report describing 
the new system of records covered by this notice with the Chair of the 
Senate Committee on Homeland Security and Governmental Affairs, the 
Chair of the House Committee on Oversight and Government Reform, and 
the Deputy Administrator of the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), on July 3, 2017.
SYSTEM NAME AND NUMBER:
    Unmanned Aircraft Systems, COMMERCE/DEPT-29.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    National Oceanic and Atmospheric Administration, SSMC3, Silver 
Spring, MD 20919.

SYSTEM MANAGER:
    Commanding Officer, NOAA Aircraft Operations Center (AOC), 7917 
Hangar Loop Drive, Hangar 5, MacDill Air Force Base, FL 33621-5401.

AUTHORITIES FOR MAINTENANCE OF THE SYSTEM:
    Presidential Memorandum: Promoting Economic Competitiveness While 
Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use 
of Unmanned Aircraft Systems (Feb. 15, 2015); National Marine 
Sanctuaries Act, 16 U.S.C. 1431 et seq.; Marine Debris Act, 33 U.S.C. 
1951 et seq.; Coast and Geodetic Survey Act, 33 U.S.C. 883a et seq.; 
Coastal Zone Management Act, 16 U.S.C. 1451 et seq.; Coral Reef 
Conservation Act, 16 U.S.C. 6401 et seq.; National Historic 
Preservation Act, 16 U.S.C. 470 et seq.; Ocean Pollution Act, 33 U.S.C. 
2701 et seq.; Comprehensive Environmental Response, Compensation and 
Liability Act, 42 U.S.C. 9601 et seq.; Clean Water Act, 33 U.S.C. 1251; 
47 CFR parts 80, 87, and 95. The system is also authorized by the U.S. 
Office of Management & Budget (OMB) Circular A-130; the Magnuson-
Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. 
(Magnuson-Stevens Act); High Seas Fishing Compliance Act of 1995, 16 
U.S.C. 5501 et seq.; International Fisheries Regulations: Vessels of 
the United States Fishing in Colombian Treaty Waters: 50 CFR 300.120; 
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95); the 
American Fisheries Act, Title II, Public Law 105-277; the Atlantic 
Coastal Fisheries Cooperative Management Act of 1993, 16 U.S.C. 5101-
5108, as amended 1996; the Tuna Conventions Act of 1950, 16 U.S.C. 951-
961; the Atlantic Tunas Convention Authorization Act, 16 U.S.C. Chapter 
16A; the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773 et seq. 
(Halibut Act), the Antarctic Marine Living Resources Convention Act of 
1984, 16 U.S.C. 2431-2444; the Marine Mammal Protection Act, 16 U.S.C. 
1361; and the Debt Collection Improvement Act, 31 U.S.C. 7701.

PURPOSE(S) OF THE SYSTEM:
    UAS may be used by the Department of Commerce for a variety of 
purposes, including research, disaster relief efforts and other rescue 
efforts, storm tracking, law enforcement, and coastal mapping.
    The Congress recognized the potential wide-ranging benefits of UAS 
operations within the United States in the FAA Modernization and Reform 
Act of 2012 (Pub. L. 112-95), which requires a plan to safely integrate 
civil UAS into the National Airspace System (NAS) by September 30, 
2015. As compared to manned aircraft, UAS may provide lower-cost 
operation and augment existing capabilities while reducing risks to 
human life.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    a. Current and former employees of the Department of Commerce and 
such other persons whose association with the Department relates to the 
use of UAS. The names of individuals and the files in their names may 
be: (1) Received pursuant to employment; or (2) submitted by the 
employee for access or use to files within the system in the conduct of 
assigned duties involving UAS.
    b. Individuals, including members of the public, who are identified 
while conducting UAS operations, including those identified during 
disaster relief efforts, storm tracking, coastal mapping,

[[Page 5978]]

SARSAT rescue and law enforcement activities. Members of the public 
could also include fishing vessel owner and occupants.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Access report logs, geospatial reference logs, use history reports, 
transmission reports, video and photographic imagery, audio files, 
input commands and control histories, or other similar records that 
catalogue the use, data collected, and transmission of UAS.

RECORD SOURCE CATEGORIES:
    User input and login, identifiable video imagery, and global 
positioning satellite geospatial location coordinates.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    1. In the event that a system or records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature, and whether arising by general statute or 
particular program statute or contract, or rule, regulation, or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department, the relevant records in the system of records may be 
referred, as a routine use, to the appropriate agency, whether Federal, 
state, local or foreign, charged with the responsibility of 
investigating or prosecuting such violation or charged with enforcing 
or implementing the statute or contract, or rule, regulation or order 
issued pursuant thereto, or protecting the interest of the Department.
    2. A record from this system of records may be disclosed, as a 
routine use, to a Federal, state or local agency maintaining civil, 
criminal or other relevant enforcement information or other pertinent 
information, such as current licenses, if necessary to obtain 
information relevant to a Department decision concerning the 
assignment, hiring or retention of an individual, the issuance of a 
security clearance, the letting of a contract, or the issuance of a 
license, grant or other benefit.
    3. A record from this system of records may be disclosed, as a 
routine use, to a Federal, state, local, or international agency, in 
response to its request, in connection with the assignment, hiring or 
retention of an individual, the issuance of a security clearance, the 
reporting of an investigation of an individual, the letting of a 
contract, or the issuance of a license, grant, or other benefit by the 
requesting agency, to the extent that the information is relevant and 
necessary to the requesting agency's decision on the matter.
    4. A record from this system of records may be disclosed, as a 
routine use, in the course of presenting evidence to a court, 
magistrate or administrative tribunal, including disclosures to 
opposing counsel in the course of settlement negotiations.
    5. A record in this system of records may be disclosed, as a 
routine use, to a Member of Congress submitting a request involving an 
individual when the individual has requested assistance from the Member 
with respect to the subject matter of the record.
    6. A record in this system of records which contains medical 
information may be disclosed, as a routine use, to the medical advisor 
of any individual submitting a request for access to the record under 
the Act and 15 CFR part 4b if, in the sole judgment of the Department, 
disclosure could have an adverse effect upon the individual, under the 
provision of 5 U.S.C. 552a(f)(3) and implementing regulations at 15 CFR 
part 4b.6.
    7. A record in this system of records may be disclosed, as a 
routine use, to the Office of Management and Budget in connection with 
the review of private relief legislation as set forth in OMB Circular 
No. A-19 at any stage of the legislative coordination and clearance 
process as set forth in that Circular.
    8. A record in this system of records may be disclosed, as a 
routine use, to the Department of Justice in connection with 
determining whether disclosure thereof is required by the Freedom of 
Information Act (5 U.S.C. 552).
    9. A record in this system of records may be disclosed, as a 
routine use, to a contractor of the Department having need for the 
information in the performance of the contract, but not operating a 
system of records within the meaning of 5 U.S.C. 552a(m).
    10. A record in this system may be transferred, as a routine use, 
to the Office of Personnel Management: For personnel research purposes; 
as a data source for management information; for the production of 
summary descriptive statistics and analytical studies in support of the 
function for which the records are collected and maintained; or for 
related manpower studies.
    11. A record from this system of records may be disclosed, as a 
routine use, to the Administrator, General Services Administration 
(GSA), or his designee, during an inspection of records conducted by 
GSA as part of that agency's responsibility to recommend improvements 
in records management practices and programs, under authority of 44 
U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with 
the GSA regulations governing inspection of records for this purpose, 
and any other relevant (i.e. GSA or Commerce) directive. Such 
disclosure shall not be used to make determinations about individuals.
    12. Disclosure of information from this system of records may also 
be made to commercial contractors (debt collection agencies) for the 
purpose of collecting delinquent debts as authorized by the Debt 
Collection Act (31 U.S.C. 7701).
    13. Routine use for research, coastal mapping, and weather system 
tracking may include disclosure to other Federal Agencies, scholarly 
research educational facilities, disaster relief organizations, and 
research partners.
    14. Routine use for disaster relief efforts may include disclosure 
to other federal agencies, local law enforcement, and relief 
organizations. Routine use for SARSAT PII data may include other 
Federal Agencies and rescue personnel participating in rescue efforts.
    15. To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that there has been a breach of 
the system of records,[middot] (2) the Department has determined that 
as a result of the suspected or confirmed breach there is a risk of 
harm to individuals, the Department (including its information systems, 
programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the 
Department's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    16. A record in this system of records may be disclosed to another 
Federal agency or Federal entity, when the Department determines that 
information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    17. A record in this system of records may be disclosed to student 
volunteers, individuals working under a personal services contract, and 
other workers who technically do not have the status of Federal 
employees, when they are performing work for the Department

[[Page 5979]]

and/or its agencies, as authorized by law, as needed to perform their 
assigned Agency functions.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Automated storage media, image transmissions, and geospatial 
tracking media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Indices are alphabetical, cross referenced to file number, and by 
geospatial tracking location. Records may be retrieved by geospatial 
coordinates of latitude and longitude, or address, which may correspond 
to residential locations following storm damage assessment or other 
operations over populated areas. Records may also be retrieved by case 
name, case number, investigation number, or subject in the case of law 
enforcement records. Lastly, records may be retrieved by the associated 
operation, office, file name, storm, or event for which the UAS was 
used.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Each type of record is governed by its applicable Records Control 
Schedule. If PII is inadvertently captured in any system not covered by 
this System of Records Notice, it is deleted within 180 days pursuant 
to Presidential Memorandum: Promoting Economic Competitiveness While 
Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use 
of Unmanned Aircraft Systems (Feb. 15, 2015).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Used only by authorized screened personnel with a need to know, 
stored on an encrypted storage device, transmission through encrypted 
methodologies in satisfaction of the Department's Policy on Electronic 
Transmission of PII Policy.

RECORD ACCESS PROCEDURES:
    Requests from individuals should be addressed to FOI/P, OPM; ATTN: 
FOIA Officer; 1900 E Street NW, Room 5415; Washington, DC 20415-7900. 
Individuals may also request notification of existence of records on 
himself or herself by sending a signed, written inquiry to the Deputy 
Chief FOIA Officer and Department Privacy Act Officer, Room 52010, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.
    For more information, visit: http://www.osec.doc.gov/opog/PrivacyAct/PrivacyAct_requests.html.

CONTESTING RECORD PROCEDURES:
    An individual requesting corrections of or amendments to 
information contained in his or her records must send a signed, written 
request inquiry to the same address as stated in the Notification 
Procedure section below. Requesters should reasonably identify the 
records, specify the information they are contesting and state the 
corrective action sought and the reasons for the correction with 
supporting justification showing how the record is incomplete, 
untimely, inaccurate, or irrelevant. The Department's rules for 
accessing, for requesting correction or amendment of contents, and for 
appealing initial determination by the individual concerned appear in 
15 CFR part 4 Subpart B.

NOTIFICATION PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about them may do so by writing to the above 
address. Individuals should provide name and association with the 
Department, if any, pursuant to the inquiry provisions of the 
Department's rules which appear in 15 CFR part 4.23.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(j)(2), all information about an 
individual in the record which meets the criteria stated in the Act: 5 
U.S.C. 552a(j)(2) are exempted from the notice, access and contest 
requirements of the agency regulations and from all parts of 5 U.S.C. 
552a except subsections (b), (c) (1) and (2), (e)(4)(A) through (F), 
(e) (6), (7), (9), (10), and (11), and (i), and pursuant to 5 U.S.C. 
552a(k)(2), on condition that if the 5 U.S.C. 552a(j)(2) exemption is 
held to be invalid, all investigatory material in the record which meet 
the criteria stated in 5 U.S.C. 552a(k)(2) are exempted from the notice 
access, and contest requirements (under 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4) (G), (H), and (I), and (f)) of the agency regulations 
because of the necessity to exempt this information and material in 
order to accomplish this law enforcement function of the agency, to 
prevent subjects of investigation from frustrating the investigatory 
process, to prevent the disclosure of investigative techniques, to 
fulfill commitments made to protect the confidentiality of sources, to 
maintain access to sources of information, and to avoid endangering 
these sources and law enforcement personnel. In addition, pursuant to 5 
U.S.C. 552a(k)(1), all materials qualifying for this exemption are 
exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4) (G), (H), (I), and 
(f) in order to prevent disclosure of classified information as 
required by Executive Order 12065 in the interest of the national 
defense and foreign policy.
    To the extent that the exemption under 5 U.S.C. 552a(j)(2) is held 
to be invalid, then the exemptions under 5 U.S.C. 552a (k)(1), (k)(2), 
and (k)(5) are claimed for all material which meets the criteria of 
these three subsections.
    Provisions of the Privacy Act of 1974 from which exemptions are 
claimed under 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5) are as follows: 5 
U.S.C. 552a(c)(3); 5 U.S.C. 552a(d); 5 U.S.C. 552a(e)(1); 5 U.S.C. 
552a(e)(4) (G), (H), and (I); 5 U.S.C. 552a(f).
    Reasons for exemptions: In general, the exemption of this 
information and material is necessary in order to accomplish the law 
enforcement function of National Marine Fisheries (NMFS) Office of Law 
Enforcement (OLE), to prevent subjects of investigations from 
frustrating the investigatory process, to prevent the disclosure of 
investigative techniques, to fulfill commitments made to protect the 
confidentiality of sources, to maintain access to sources of 
information, and to avoid endangering these sources and law enforcement 
personnel. Detailed reasons follow: Reasons for exemptions under 5 
U.S.C. 552a(j)(2) and (k)(2);
    (1) 5 U.S.C. 552a(c)(3) requires that upon request, an agency must 
give an individual named in a record an accounting which reflects the 
disclosure of the record to other persons or agencies. This accounting 
must state the date, nature and purpose of each disclosure of the 
record and the name and address of the recipient. The application of 
this provision would alert subjects of an investigation to the 
existence of the investigation and that such persons are subjects of 
that investigation. Since release of such information to subjects of an 
investigation would provide the subjects with significant information 
concerning the nature of the investigation, it could result in the 
alerting or destruction of documentary evidence, improper influencing 
of witnesses, and other activities that could impede or compromise the 
investigation.
    (2) 5 U.S.C. 552a (c)(4), (d), (e)(4) (G) and (H), (f) and (g) 
relate to an individual's right to be notified of the existence of 
records pertaining to such individual; requirements for identifying an 
individual who requests access to records; the agency procedures 
relating to access to records and the contest of information contained 
in such records; and the civil remedies available to the individual in 
the event of adverse

[[Page 5980]]

determinations by an agency concerning access to or amendment of 
information contained in records systems. This system is exempt from 
the foregoing provisions for the following reasons: To notify an 
individual at the individual's request of the existence of records in 
an investigative file pertaining to such individual, or to grant access 
to an investigative file, could interfere with investigative and 
enforcement proceedings, deprive co-defendants of a right to a fair 
trial or other impartial adjudication, constitute an unwarranted 
invasion of personal privacy of others, disclose the identity or 
confidential sources, reveal confidential information supplied by these 
sources and disclose investigative techniques and procedures.
    (3) 5 U.S.C. 552a(e)(4)(I) requires the publication of the 
categories of sources of records in each system of records. The 
application of this provision could disclose investigative techniques 
and procedures and cause sources to refrain from giving such 
information because of fear or reprisal, or fear of breach of promises 
of anonymity and confidentiality. This would compromise the ability to 
conduct investigations, and to identify, detect, and apprehend 
violators.
    (4) 5 U.S.C. 552a(e)(I) requires each agency to maintain in its 
records only such information about an individual that is relevant and 
necessary to accomplish a purpose of the agency required by statute or 
Executive Order. An exemption from the foregoing is needed:
    a. Because it is not possible to detect relevance or necessity of 
specific information in the early stages of a criminal or other 
investigation.
    b. Relevance and necessity are questions of judgment and timing. 
What appears relevant and necessary when collected may ultimately be 
determined to be unnecessary. It is only after the information is 
evaluated that the relevance and necessity of such information can be 
established.
    c. In any investigation NMFS/OLE may obtain information concerning 
the violations of laws other than those within the scope of his 
jurisdiction. In the interest of effective law enforcement, NMFS/OLE 
should retain this information as it may aid in establishing patterns 
of criminal activity, and provide leads for those law enforcement 
agencies charged with enforcing other segments of criminal or civil 
law.
    d. In interviewing persons, or obtaining other forms of evidence 
during an investigation, information may be supplied to the 
investigator which is related to matters incidental to the main purpose 
of the investigation but which may relate to matters under the 
investigative jurisdiction of another agency. Such information cannot 
readily be segregated.
    (5) 5 U.S.C. 552a(e)(2) requires an agency to collect information 
to the greatest extent practicable directly from the subject individual 
when the information may result in adverse determinations about an 
individual's rights, benefits, and privilege under Federal programs. 
The application of the provision would impair investigations of illegal 
acts, violations of the rules of conduct, merit system and any other 
misconduct of the following reasons:
    a. In certain instances the subject of an investigation cannot be 
required to supply information to investigators. In those instances, 
information relating to a subject's illegal acts, violations of rules 
of conduct, or any other misconduct, etc., must be obtained from other 
sources.
    b. Most information collected about an individual under 
investigation is obtained from third parties such as witnesses and 
informers. It is not feasible to rely upon the subject of the 
investigation as a source for information regarding his activities. 
Information may also be obtained through lawful surveillance methods, 
including UAS.
    c. The subject of an investigation will be alerted to the existence 
of an investigation if any attempt is made to obtain information from 
subject. This could afford the individual the opportunity to conceal 
any criminal activities to avoid apprehension.
    d. In any investigation, it is necessary to obtain evidence from a 
variety of sources other than the subject of the investigation in order 
to verify the evidence necessary for successful litigation.
    (6) 5 U.S.C. 552a(e)(3) requires that an agency must inform the 
subject of an investigation who is asked to supply information of:
    a. The authority under which the information is sought and whether 
disclosure of the information is mandatory or voluntary,
    b. The purposes for which the information is intended to be used,
    c. The routine uses which may be made of the information, and
    d. The effects on the subject, if any, of not providing the 
requested information. The reasons for exempting this system of records 
from the foregoing provision are as follows:
    (i) The disclosure to the subject of the investigation as stated in 
(b) above would provide the subject with substantial information 
relating to the nature of the investigation and could impede or 
compromise the investigation.
    (ii) If the subject were informed of the information required by 
this provision, it could seriously interfere with undercover activities 
requiring disclosure of undercover agents' identity and impairing their 
safety, as well as impairing the successful conclusion of the 
investigation.
    (iii) Individuals may be contracted during preliminary information-
gathering in investigations before any individual is identified as the 
subject of an investigation. Informing the individual of the matters 
required by this provision would hinder or adversely affect any present 
or subsequent investigations.
    (7) 5 U.S.C. 552a(e)(5) requires that records be maintained with 
such accuracy, relevance, timeliness, and completeness as is reasonably 
necessary to assure fairness to the individual in making any 
determination about an individual. Since the law defines ``maintain'' 
to include the collection of information complying with this provision 
would prevent the collection of any data not shown to be accurate, 
relevant, timely, and complete at the moment of its collection. In 
gathering information during the course of an investigation it is not 
possible to determine this prior to collection of the information. 
Facts are first gathered and then placed into a logical order which 
objectively proves or disproves criminal behavior on the part of the 
suspect. Material which may seem unrelated, irrelevant, incomplete, 
untimely, etc., may take on added meaning as an investigation 
progresses. The restrictions in this provision could interfere with the 
preparation of a complete investigative report.
    (8) 5 U.S.C. 552a(e)(8) requires an agency to make reasonable 
efforts to serve notice on an individual when any record of such 
individual is made available to any persons; under compulsory legal 
process when such process becomes a matter of public record. The notice 
requirements of this provision could prematurely reveal an ongoing 
criminal investigation to the subject of the investigation.
    Reasons for exemptions under 5 U.S.C. 552a(k)(1):
    (1) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of 
disclosures of records available to individuals named in the record at 
their request. These accountings must state the date, nature and 
purpose of each disclosure of the record and the name and address of 
the recipient. The application of this

[[Page 5981]]

provision would alert subjects of an investigation to the existence of 
the investigation, and that such persons are subjects of that 
investigation, information which if known might cause damage to 
national security.
    (2) 5 U.S.C. 552a(d), (e)(4) (G) and (H), and (f) relate to an 
individual's right to be notified of the existence of records 
pertaining to such individual; requirements for identifying an 
individual who requests access to records; and the agency procedures 
relating to access to records, and the contest of information contained 
in such records. This system is exempt from the foregoing provisions 
for the following reasons: To notify an individual at the individual's 
request of the existence of records in an investigative file pertaining 
to such individual or to grant access to an investigative file could 
interfere with investigations undertaken in connection with national 
security; or could disclose the identity of sources kept secret to 
protect national security or reveal confidential information supplied 
by these sources.
    (3) 5 U.S.C. 552a(e)(3)(4)(I) requires the publication of the 
categories of sources of records in each system of records. The 
application of this provision could disclose the identity of sources 
kept secret to protect national security.
    (4) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its 
records only such information about an individual that is relevant and 
necessary to accomplish a purpose of the agency required by statute or 
Executive Order. An exemption from the foregoing is needed:
    a. Because it is not possible to detect relevance or necessity of 
specific information in the early stages of an investigation involving 
national security matters.
    b. Relevance and necessity are questions of judgment and timing. 
What appears relevant and necessary when collected may ultimately be 
determined to be unnecessary. It is only after the information is 
evaluated that the relevance and necessity of such information can be 
established.
    c. In any investigation the NMFS/OLE may obtain information 
concerning the violators of laws other than those within the scope of 
his jurisdiction. In the interests of effective law enforcement, NMFS/
OLE should retain this information as it may aid in establishing 
patterns of criminal activity, and provide leads for those law 
enforcement agencies charged with enforcing other segments of criminal 
or civil law.
    d. In interviewing persons, or obtaining forms of evidence during 
an investigation, information may be supplied to the investigator which 
relates to matters incidental to the main purpose of the investigation 
but which may relate to matters under the investigative jurisdiction of 
another agency. Such information cannot readily be segregated.
    Reasons for exemptions under 5 U.S.C. 552a(k)(5):
    (1) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of 
disclosures of records available to individuals named in the records at 
their request. These accountings must state the date, nature and 
purpose of each disclosure of the record and the name and address of 
the recipient. The application of this provision would alert subjects 
of an investigation to the existence of the investigation and that such 
persons are subjects of that investigation. Since release of such 
information to subjects of an investigation would provide the subject 
with significant information concerning the nature of the 
investigation, it could result in the altering or destruction of 
documentary evidence, improper influencing of witnesses, and other 
activities that could impede or compromise the investigation.
    (2) 5 U.S.C. 552a(d), (e)(4)(G) and (H), and (f) relate to an 
individual's right to be notified of the existence of records 
pertaining to such individual; requirements for identifying an 
individual who requests access to records; and the agency procedures 
relating to access to records and the contest of information contained 
in such records. This system is exempt from the foregoing provisions 
for the following reasons: To notify an individual at the individual's 
request of the existence of records in an investigative file pertaining 
to such individual or to grant access to an investigative file could 
interfere with investigative and enforcement proceedings; co-defendants 
of a right to a fair trial; constitute an unwarranted invasion of 
personal privacy of others; disclose the identity of confidential 
sources and reveal confidential information supplied by these sources; 
and disclose investigative techniques and procedures.
    (3) 5 U.S.C. 552a(e)(4)(I) requires the publication of the 
categories of sources of records in each system of records. The 
application of this provision could disclose investigative techniques 
and procedures and cause sources to refrain from giving such 
information because of fear of reprisal, or fear of breach of promises 
of anonymity and confidentiality. This would compromise the ability to 
conduct investigations, and to make fair and objective decisions on 
questions of suitability for Federal employment and related issues.
    (4) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its 
records only such information about an individual that is relevant and 
necessary to accomplish a purpose of the agency required by statute or 
Executive Order. An exemption from the foregoing is needed:
    a. Because it is not possible to detect relevance or necessity of 
specific information in the early stages of an investigation.
    b. Relevance and necessity are questions of judgment and timing. 
What appears relevant and necessary when collected may ultimately be 
determined to be unnecessary. It is only after that information is 
evaluated that the relevance and necessity of such information can be 
established.
    c. In any investigation NMFS/OLE may obtain information concerning 
the violations of laws other than those within the scope of his 
jurisdiction. In the interest of effective law enforcement, NMFS/OLE 
should retain this information as it may aid in establishing patterns 
of criminal activity, and provide leads for those law enforcement 
agencies charged with enforcing other segments of criminal or civil 
law.
    d. In interviewing persons, or obtaining other forms of evidence 
during an investigation, information may be supplied to the 
investigator, by means of UAS data, which relate to matters incidental 
to the main purpose of the investigation but which may relate to 
matters under investigative jurisdiction of another agency. Such 
information cannot readily be segregated.

HISTORY:
    This is a new system of records.

    Dated: February 6, 2018.
Michael J. Toland,
 Department Privacy Act Officer, Department of Commerce, Deputy Chief 
FOIA Officer.
[FR Doc. 2018-02688 Filed 2-9-18; 8:45 am]
 BILLING CODE 3510-DT-P