Unknown. Final rule

3,686 words·~17 min read·/register/2010/03/09/2010-4900

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-03-09.xml --- 75 45 Tuesday, March 9, 2010 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Agricultural Inspection and AQI User Fees Along the U.S./Canada Border, 10634-10644 2010-4949 Voluntary Control Program and Payment of Indemnity: Low Pathogenic Avian Influenza, 10645-10658 2010-4874 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Meetings: 2010 Census Advisory Committee, 10760 2010-4906 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10803-10805 2010-4885 Meetings: Subcommittee on Procedures Reviews, Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 10807-10808 2010-4890 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10805 2010-4895 Civil Civil Rights Commission NOTICES Meetings: Arkansas Advisory Committee, 10755 2010-4920 Mississippi Advisory Committee, 10755 2010-4922 Coast Guard Coast Guard RULES Regulated Navigation Areas:

Bars Along the Coasts of Oregon and Washington; Correction, 10687-10688 2010-4769 Commerce Commerce Department See Census Bureau See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Appointments to Performance Review Board for Senior Executive Service, 10789 2010-4919 Defense Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Notification Requirements for Critical Safety Items, 10790-10791 2010-4990 Defense Defense Department See Defense Acquisition Regulations System NOTICES Meetings: Uniform Formulary Beneficiary Advisory Panel, 10789-10790 2010-4954 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration RULES Changes to and Consolidation of DEA Mailing Addresses, 10671-10687 2010-4714 Economic Economic Analysis Bureau PROPOSED RULES International Services Surveys:

Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, 10704-10707 2010-4983 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 10791 2010-5052 Employment Employment and Training Administration NOTICES Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance: FCI USA, LLC, Mount Union, PA, 10822 2010-4904 Energy Energy Department RULES Energy Conservation Program for Certain Commercial and Industrial Equipment:

Test Procedure for Metal Halide Lamp Ballasts (Active and Standby Modes), 10950-10971 2010-3841 Energy Conservation Program: Energy Conservation Standards for Small Electric Motors, 10874-10948 2010-4358 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification, Compliance, and Enforcement Requirements for Consumer Products and Certain Commercial and Industrial Equipment, 10972 2010-3837 Meetings: Blue Ribbon Commission on America's Nuclear Future, 10791 2010-4987 EPA Environmental Protection Agency RULES Revisions to the California State Implementation Plan:

San Joaquin Valley Air Pollution Control District, 10690-10692 2010-4967 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Questionnaire for Steam Electric Power Generating Effluent Guidelines, 10791-10793 2010-4962 FY 2010 Supplemental Funding for Brownfields Revolving Loan Fund Grantees, 10793-10794 2010-4965 Request for Nominations: Clean Air Act Advisory Committee, 10794 2010-4964 Executive Office of the President See Presidential Documents See Science and Technology Policy Office FAA Federal Aviation Administration RULES Airworthiness Directives:

Boeing Co. Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes, 10658-10664 2010-4511 Boeing Co. Model 747-100, 747-200B, 747-300, and 747SR Series Airplanes, 10669-10671 2010-4650 Bombardier Model DHC-8-102, DHC-8-103, DHC-8-106, DHC-8-201, and DHC-8-202 Series Airplanes, 10664-10666 2010-4652 Bombardier, Inc. Model CL 600 2B19 (Regional Jet Series 100 & 440) Airplanes, 10667-10669 2010-4712 PROPOSED RULES Airworthiness Directives: AeroSpace Technologies of Australia Pty Ltd Models N22B, N22S, and N24A Airplanes, 10694-10696 2010-5009 BAE SYSTEMS (Operations) Limited Model BAe 146 Airplanes and Model Avro 146 RJ Airplanes, 10701-10704 2010-5016 Fokker Services B.V.

Model F.28 Mark 0070 and 0100 Airplanes, 10696-10700 2010-5013 FCC Federal Communications Commission RULES Maritime Communications; Correction, 10692-10693 2010-4603 Television Broadcasting Services: Birmingham, AL, 10692 2010-4980 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act:, 10795 2010-5090 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 10795 2010-4970 Meetings;

Sunshine Act, 10795 2010-5106 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 10795 2010-5049 FTC Federal Trade Commission PROPOSED RULES Mortgage Assistance Relief Services, 10707-10738 2010-4651 NOTICES Analysis of Agreement Containing Consent Order to Aid Public Comment: PepsiCo, Inc., 10795-10798 2010-4894 Analysis of Proposed Consent Order to Aid Public Comment: Richard J. Stanton, 10798-10799 2010-4897 Analysis to Aid Public Comment:

Transitions Optical, Inc., 10799-10803 2010-4979 Federal Transit Federal Transit Administration NOTICES Preparation of an Alternatives Analysis and Environmental Impact Statement: High Capacity Transit Improvements for the Indianapolis Northeast Corridor in the Indiana Counties of Marion and Hamilton, 10860-10862 2010-4973 Fish Fish and Wildlife Service NOTICES Proposed Programmatic Safe Harbor Agreement: Sacramento River Conservation Area Forum in Shasta, Tehama, Butte, Glenn, Colusa, Yolo, and Sutter Counties, CA, 10814-10815 2010-4886 Food Food and Drug Administration NOTICES Determination:

DOVONEX (Calcipotriene) Ointment, 0.005%, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness, 10805-10806 2010-4925 Information Available to Industry: Training Program for Regulatory Project Managers, 10806-10807 2010-4924 Withdrawal of Color Additive Petitions: CIBA Vision Corp., 10808-10809 2010-4972 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Humboldt-Toiyabe National Forests; Santa Rosa Ranger District; Martin Basin Rangeland Management Project, 10754-10755 2010-4747 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard RULES Privacy Act of 1974;

Implementation of Exemptions: Department of Homeland Security/U.S. Immigration and Customs Enforcement - 011 Removable Alien Records System of Records, 10633-10634 2010-4900 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: United States Visitor and Immigrant Status Indicator Technology, 10809 2010-4905 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Special Trustee for American Indians Office NOTICES Renewal:

Outer Continental Shelf Scientific Committee, 10809-10810 2010-4976 IRS Internal Revenue Service NOTICES Meetings: Area 3 Taxpayer Advocacy Panel, 10865 2010-4889 Area 5 Taxpayer Advocacy Panel, 10864 2010-4896 Area 6 Taxpayer Advocacy Panel, 10865 2010-4888 Taxpayer Advocacy Panel Notice Improvement Project Committee, 10864-10865 2010-4892 Taxpayer Advocacy Panel Tax Forms and Publications/MLI Project Committee, 10865 2010-4891 Taxpayer Advocacy Panel Volunteer Income Tax Assistance Issue Committee, 10864 2010-4893 International International Trade Administration NOTICES Initiation of Antidumping Duty and Countervailing Duty New Shipper Reviews:

Polyethylene Terephthalate Film, Sheet and Strip from India, 10758 2010-5027 Initiation of Anti-dumping Duty Changed-Circumstances Review: Carbazole Violet Pigment 23 from India, 10759 2010-5017 Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination, etc.: Certain Coated Paper from Indonesia, 10761-10774 2010-4986 Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from the People's Republic of China, 10774-10789 2010-5007 International International Trade Commission NOTICES Investigations:

Proposed Modifications to the Harmonized Tariff Schedule of the United States, 10818-10820 2010-4969 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employment and Training Administration See Labor Statistics Bureau See Occupational Safety and Health Administration See Veterans Employment and Training Service Labor Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10820-10821 2010-4950 Land Land Management Bureau NOTICES Application for Recordable Disclaimer of Interest in Lands, Gem County, ID, 10811 2010-4961 Intent to Prepare a Resource Management Plan Amendment, etc.:

Fort Stanton - Snowy River Cave National Conservation Area, New Mexico, 10811-10813 2010-4974 Meetings: Southeast Oregon Resource Advisory Council, 10813-10814 2010-4927 Steens Mountain Advisory Council, 10813 2010-4887 Proposed Withdrawal Extension and Opportunity for Public Meeting: Oregon, 10815-10816 2010-4960 2010-4963 Proposed Withdrawal Extension, In-Part, and Opportunity for Public Meeting: Oregon, 10816-10817 2010-4959 Realty Action: Recreation and Public Purposes Act Classification and Conveyance;

Lake County, FL, 10817-10818 2010-4975 Resource Advisory Council Vacancies, 10818 2010-4966 Millenium Millennium Challenge Corporation NOTICES Meetings; Sunshine Act, 10822-10823 2010-5170 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: National Council on the Arts, 10823 2010-4917 National Highway National Highway Traffic Safety Administration PROPOSED RULES Safety Labeling:

New Car Assessment Program, 10740-10753 2010-4867 NIH National Institutes of Health NOTICES Meetings: National Institute on Alcohol Abuse and Alcoholism, 10807-10808 2010-4586 2010-4750 National Institute on Nursing Research, 10808 2010-4753 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction, 10693 2010-4985 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2010 NOAA Engagement Survey Tool, 10755-10756 2010-4952 Alaska Region Amendment 80 Permits and Reports, 10757 2010-4951 Amendment 80 Economic Data Report for the Catcher/Processor Non-AFA Trawl Sector, 10756-10757 2010-4947 Meetings: Gulf of Mexico Fishery Management Council, 10760-10761 2010-4971 New England Fishery Management Council, 10759-10760 2010-4984 National Park National Park Service NOTICES National Register of Historic Places:

Weekly Listing of Historic Properties, 10814 2010-4989 Nuclear Nuclear Regulatory Commission NOTICES Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 10823-10833 2010-4523 Demand for Information: Entergy Nuclear Operation; Vermont Yankee Nuclear Power Station, 10833-10834 2010-4934 Environmental Assessment and Finding of No Significant Impact: Columbia Generating Station, 10834-10835 2010-4676 Omaha Public Power District;

Fort Calhoun Station (Unit 1), 10835-10836 2010-4940 Exemption: FirstEnergy Nuclear Operating Co. et al.; Beaver Valley Power Station (Unit Nos. 1 and 2), 10836-10837 2010-4944 Pacific Gas and Electric Co.; Diablo Canyon Power Plant, 10838-10839 2010-4937 South Carolina Electric and Gas Co.; Virgil C. Summer Nuclear Station (Unit 1), 10839-10840 2010-4935 Meetings: Advisory Committee on Reactor Safeguards, Subcommittee on Advanced Boiled Water Reactor, 10840-10841 2010-4942 Meetings;

Sunshine Act, 10841-10842 2010-4982 2010-5093 Occupational Occupational Safety and Health Administration PROPOSED RULES Combustible Dust; Stakeholders Meetings, 10739-10740 2010-4916 Occupational Injury and Illness Recording and Reporting Requirements, 10738-10739 2010-4988 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements, 10974-10989 2010-4778 Postal Postal Regulatory Commission NOTICES Post Office Closing, 10842-10843 2010-4921 Special Summer Postal Rate Program, 10843-10845 2010-4915 Presidential Presidential Documents PROCLAMATIONS Special Observances:

Women's History Month (Proc. 8481), 10631-10632 2010-5108 Saint Lawrence Saint Lawrence Seaway Development Corporation RULES Seaway Regulations and Rules: Periodic Update, Various Categories, 10688-10690 2010-4898 Science Science and Technology Policy Office NOTICES Nominations for Interagency Working Group Participants: Subcommittee on Forensic Science; Committee on Science; National Science and Technology Council, 10845-10846 2010-4899 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10846 2010-4914 Application: Chile Fund, Inc., et al., 10846-10850 2010-4908 Meetings; Sunshine Act:, 10850-10851 2010-5053 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, 10853-10855 2010-4910 NASDAQ OMX PHLX, Inc., 10857-10858 2010-4913 New York Stock Exchange, LLC, 10855-10856 2010-4912 NYSE Amex LLC, 10851-10853, 10858-10860 2010-4909 2010-4911 SBA Small Business Administration NOTICES Disaster Declaration:

Arkansas, 10845 2010-4936 North Dakota, 10845 2010-4933 Special Special Trustee for American Indians Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Trust Funds for Tribes and Individual Indians, 10810-10811 2010-4930 State State Department NOTICES Meetings: International Telecommunication Advisory Committee, 10860 2010-4981 TVA Tennessee Valley Authority NOTICES Shoreline Management Initiative; Amendment to Record of Decision: Reservoirs in Alabama, Georgia, Kentucky, Mississippi, North Carolina, Tennessee, and Virginia, 10865-10866 2010-4663 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 34 Disclosures, 10862-10863 2010-4977 Savings Association Holding Company Report (H-(b)11), 10863-10864 2010-4978 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Saint Lawrence Seaway Development Corporation Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Utah Utah Reclamation Mitigation and Conservation Commission NOTICES Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act (of 2009):

Utah Division of Wildlife Resources, 10866-10867 2010-4775 Veterans Veterans Affairs Department NOTICES Determinations Concerning Illnesses Discussed in Institute of Medicine Report: Gulf War and Health: Updated Literature Review of Depleted Uranium, 10867-10871 2010-4882 Veterans Veterans Employment and Training Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Uniformed Services Employment and Reemployment Rights Act and Veteran's Preference, 10821-10822 2010-4968 Separate Parts In This Issue Part II Energy Department, 10874-10948 2010-4358 Part III Energy Department, 10950-10972 2010-3841 2010-3837 Part IV Transportation Department, Pipeline and Hazardous Materials Safety Administration, 10974-10989 2010-4778 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 45 Tuesday, March 9, 2010 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2009-0415] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security United States Immigration and Customs Enforcement—011 Immigration and Enforcement Operational Records System of Records AGENCY:

Privacy Office, DHS. ACTION: Final rule. SUMMARY: The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security/U.S. Immigration and Customs Enforcement system of records titled, “Department of Homeland Security/U.S. Immigration and Customs Enforcement—011 Removable Alien Records System of Records” renamed “Department of Homeland Security/U.S. Immigration and Customs Enforcement—011 Immigration and Enforcement Operational Records System of Records” from certain provisions of the Privacy Act.

Specifically, the Department exempts portions of the Department of Homeland Security/U.S. Immigration and Customs Enforcement—011 Immigration and Enforcement Operational Records system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. DATES: *Effective Date:* This final rule is effective March 9, 2010. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Lyn Rahilly (202-732-3300), Privacy Officer, U.S.

Immigration and Customs Enforcement, 500 12th Street, SW., Washington, DC 20536; e-mail: *ICEPrivacy@dhs.gov.* For privacy issues please contact: Mary Ellen Callahan (703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: Background The Department of Homeland Security

(DHS)published a notice of proposed rulemaking in the **Federal Register** , 74 FR 30240, June 25, 2009, 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/U.S. Immigration and Customs Enforcement (ICE)—011 Removable Alien Records system of records notice was published concurrently in the **Federal Register** , 74 FR 5665, January 30, 2009, and later updated in the **Federal Register** to add two new routine uses, 74 FR 20719, May 5, 2009. The system is being renamed DHS/ICE—011 Immigration and Enforcement Operational Records system of records. Comments were invited on both the notice of proposed rulemaking and system of records notice. Three comments were received on the notice of proposed rulemaking and system of records notice. Public Comments The comment received on the notice of proposed rulemaking did not pertain to the notice of proposed rulemaking or system of records notice, but instead expressed the commenter's general views on immigration. DHS/ICE received two positive comments on the system of records notice expressing support for the two new routine uses added in the updated system of records notice. DHS will implement the rulemaking as proposed. 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 1. The authority citation for Part 5 continues to read as follows: Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et seq.; 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 at the end of Appendix C to Part 5, the following new paragraph “48” to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 48. The DHS/ICE-011 Immigration and Enforcement Operational Records system of records consists of electronic and paper records and will be used by DHS and its components. The DHS/ICE-011 Immigration and Enforcement Operational Records 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/ICE-011 Immigration and Enforcement Operational Records 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 the limitations set forth in 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8); (f); and

(g)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 the limitations set forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and

(f)pursuant to 5 U.S.C. 552a(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 the 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 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 the 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 impossible administrative burden by requiring investigations to be continuously 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 an investigation, thereby interfering with the related investigation and law enforcement activities.

(e)From subsection (e)(3) (Notice to Subjects) because providing such detailed information would impede law enforcement in that it could compromise investigations by: Revealing the existence of an otherwise confidential investigation and thereby provide an opportunity for the subject of an investigation to conceal evidence, alter patterns of behavior, or take other actions that could thwart investigative efforts; reveal the identity of witnesses in investigations, thereby providing an opportunity for the subjects of the investigations or others to harass, intimidate, or otherwise interfere with the collection of evidence or other information from such witnesses; or reveal the identity of confidential informants, which would negatively affect the informant's usefulness in any ongoing or future investigations and discourage members of the public from cooperating as confidential informants in any future investigations.

(f)From subsections (e)(4)(G) and

(H)(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 in 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 (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' 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 complete records; or failure to otherwise comply with an individual's right to access or amend records. Dated: February 5, 2010. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2010-4900 Filed 3-8-10; 8:45 am]

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