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

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary 6 CFR Part 5
Docket No. DHS20210003
RIN 1601AA96

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

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/USCG061
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 4753515, Privacy Officer, Office of Privacy Management CG6P, United States Coast Guard, 2703 Martin Luther King, Jr. Ave. SE Stop 7710, Washington, DC
205937710. For privacy issues please contact: James Holzer, 202 3431717, Acting Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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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/
USCG061 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 Guards 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 5DISCLOSURE 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.
107296, 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, paragraph 8 is revised to read as follows:

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

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8. The DHS/USCG061 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/USCG061 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/
USCG061 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. 552ac3
and c4; d; e1 through 3, e4G
through I, e5 and e8, f; and g1
pursuant to 5 U.S.C. 552aj2. 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. 552ac3;
d; e1, e4G through e4I; and f pursuant to 5 U.S.C. 552ak1 and k2.
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 c3 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.

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