[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Rules and Regulations]
[Pages 15779-15780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05941]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Rules 
and Regulations  

[[Page 15779]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2021-0003]
RIN 1601-AA96


Privacy Act of 1974: Implementation of Exemptions; U.S. 
Department of Homeland Security United States Coast Guard-061 Maritime 
Analytic Support System (MASS) System of Records

AGENCY: United States Coast Guard, U.S. Department of Homeland 
Security.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Homeland Security (DHS) is issuing a 
final rule to amend its regulations to exempt portions of an updated 
and reissued system of records titled, ``DHS/United States Coast Guard 
(USCG)-061 Maritime Analytic Support System (MASS) System of Records'' 
from certain provisions of the Privacy Act. Specifically, the 
Department exempts portions of the ``DHS/USCG-061 Maritime Analytic 
Support System (MASS) 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 March 25, 2021.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Kathleen Claffie, (202) 475-3515, Privacy Officer, Office of Privacy 
Management (CG-6P), United States Coast Guard, 2703 Martin Luther King, 
Jr. Ave. SE Stop 7710, Washington, DC 20593-7710. For privacy issues 
please contact: James Holzer, (202) 343-1717, Acting Chief Privacy 
Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

Background

    The U.S. Department of Homeland Security (DHS) United States Coast 
Guard (USCG) published a notice of proposed rulemaking in the Federal 
Register, 85 FR 74616, November 23, 2020, 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 DHS/USCG-061 Maritime Analytic Support System (MASS) 
system of records notice was published concurrently in the Federal 
Register, 85 FR 74742, November 23, 2020. This system of records allows 
the DHS/USCG to collect and maintain records in a centralized location 
that relate to the U.S. Coast Guard's missions that are found within 
the maritime domain. The information covered by this system of records 
is relevant to the eleven U.S. Coast Guard statutory missions: (Port, 
Waterways, and Coastal Security (PWCS); Drug Interdiction; Aid to 
Maritime Navigation; Search and Rescue (SAR) Operations; Protection of 
Living Marine Resources; Ensuring Marine Safety, Defense Readiness; 
Migrant Interdiction; Marine Environmental Protection; Ice Operations; 
and Law Enforcement).
    Comments were invited on both the Notice of Proposed Rulemaking 
(NPRM) and System of Records Notice (SORN).

Public Comments

    DHS received 0 on the NPRM and 0 on the SORN.

List of Subjects in 6 CFR Part 5

    Freedom of information, Privacy.

    For the reasons stated in the preamble, DHS amends Chapter I of 
Title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
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.


0
2. In Appendix C to Part 5, paragraph 8 is revised to read as follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    8. The DHS/USCG-061 Maritime Analytic Support System (MASS) 
System of Records consists of electronic and paper records and will 
be used by DHS and its components. The DHS/USCG-061 Maritime 
Analytic Support System (MASS) System of Records is a repository of 
information held by DHS in connection with its several and varied 
missions and functions, including, but not limited to the 
enforcement of civil and criminal laws; investigations, inquiries, 
and proceedings there under; and national security and intelligence 
activities. The DHS/USCG-061 Maritime Analytic Support System (MASS) 
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 has exempted this system from the following provisions of 
the Privacy Act, subject to limitations set forth in 5 U.S.C. 
552a(c)(3) and (c)(4); (d); (e)(1) through (3), (e)(4)(G) through 
(I), (e)(5) and (e)(8), (f); and (g)(1) pursuant to 5 U.S.C. 
552a(j)(2). Additionally, the Secretary of Homeland Security has 
exempted this system from the following provisions of the Privacy 
Act, subject to limitations set forth in 5 U.S.C. 552a(c)(3); (d); 
(e)(1), (e)(4)(G) through (e)(4)(I); and (f) pursuant to 5 U.S.C. 
552a(k)(1) and (k)(2). 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.

[[Page 15780]]

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) through (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, 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)(1) (Civil Remedies) to the extent that 
the system is exempt from other specific subsections of the Privacy 
Act.
* * * * *

James Holzer,
Acting Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-05941 Filed 3-24-21; 8:45 am]
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