Unknown. Final rule

4,334 words·~20 min read·/register/2010/12/28/2010-32540·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-12-28.xml --- 75 248 Tuesday, December 28, 2010 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81560 2010-32627 Air Force Air Force Department NOTICES Environmental Impact Statements;

Availability, etc.: Entry Control Reconfigruation Area at Wright-Patterson Air Force Base, OH, 81591 2010-32616 Meetings: Scientific Advisory Board, 81591-81592 2010-32600 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81645-81650 2010-32687 2010-32693 2010-32670 2010-32673 2010-32676 2010-32679 2010-32682 2010-32685 Animal Animal and Plant Health Inspection Service RULES Hass Avocados from Mexico:

Importation into the Commonwealth of Puerto Rico and Other Changes, 81372-81376 2010-32589 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: United Negro College Fund Special Programs Research and Development Consortium, 81650-81651 2010-32430 Proposed Final Judgment and Competitive Impact Statement: United States v. LucasFilm Ltd., 81651-81659 2010-32601 Bureau of Ocean Energy Management, Regulation and Enforcement NOTICES Commercial Lease for the Cape Wind Energy Project, 81637 2010-32672 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 81613-81614 2010-32588 Centers Medicare Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81614-81615 2010-32504 2010-32509 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Interstate Lien, 81615-81616 2010-32592 Coast Guard Coast Guard RULES Safety Zones:

Allegheny River, Pittsburgh, PA, 81469-81471 2010-32511 Columbia River, The Dalles Lock and Dam, 81464-81466 2010-32544 Potential Unexploded Ordinance, Pier 91, Seattle, WA, 81467-81469 2010-32543 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Confirmation, Portfolio Reconciliation, and Portfolio Compression Requirements for Swap Dealers and Major Swap Participants, 81519-81532 2010-32264 NOTICES Meetings;

Sunshine Act, 81589 2010-32749 2010-32780 2010-32781 2010-32782 2010-32783 Consumer Product Consumer Product Safety Commission RULES Revocation of Requirements for Full-Size Baby Cribs and Non-Full-Size Baby Cribs, 81788-81789 2010-32179 Safety Standards for Full-Size Baby Cribs and Non-Full-Size Baby Cribs, 81766-81788 2010-32178 Third Party Testing for Certain Childrens Products: Baby Cribs; Requirements for Accreditation of Third Party Conformity Assessment Bodies, 81789-81792 2010-32180 Defense Department Defense Department See Air Force Department PROPOSED RULES Defense Support of Civilian Law Enforcement Agencies, 81547-81555 2010-32552 NOTICES Meetings:

Missile Defense Advisory Committee; Date Change, 81589-81590 2010-32594 Renewal of Department of Defense Federal Advisory Committees, 81590 2010-32506 Economic Development Economic Development Administration NOTICES Petitions by Firms for Determination of Eligibility to Apply for Trade Adjustment Assistance, 81563-81564 2010-32530 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Value-Based Insurance Design in Connection with Preventive Care Benefits;

Information Requests, 81544-81547 2010-32612 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Blue Ribbon Commission on America's Nuclear Future, 81592 2010-32579 National Energy Technology Laboratory: Intent to Grant Exclusive License, 81592-81593 2010-32584 Proposed Subsequent Arrangement, 81593 2010-32586 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:

Minnesota; Sulfur Dioxide SIP Revision for Marathon Petroleum St. Paul Park, 81471-81474 2010-32482 Pennsylvania; Allegheny County's Adoption of Control Techniques Guidelines for Large Appliance and Metal Furniture, etc., 81480-81484 2010-32488 Update to Materials Incorporated by Reference; West Virginia, 81474-81477 2010-32452 Virginia; Amendments to Ambient Air Quality Standards for Particulate Matter, 81477-81480 2010-32487 Approval and Promulgation of Implementation Plans:

Texas; Emissions Banking and Trading of Allowances Program; Withdrawal, 81484 2010-32458 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Minnesota; Sulfur Dioxide SIP Revision for Marathon Petroleum St. Paul Park, 81555 2010-32483 Pennsylvania; Allegheny County's Adoption of Control Techniques Guidelines for Large Appliance and Metal Furniture, etc., 81555-81556 2010-32489 NOTICES Endocrine Disruptor Screening Program: Evaluating Results of EDSP Tier 1 Screening To Identify Candidate Chemicals for Tier 2 Testing;

Availability, 81605-81606 2010-32662 Executive Office of the President See Science and Technology Policy Office Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A321-211, -212, -231, and -232 Airplanes, 81433-81436 2010-31991 Boeing Co. Model 737-200, -300, -400, and -500 Series Airplanes, 81409-81412 2010-32354 Boeing Co. Model 737-600, -700, -700C, -800, and -900 Series Airplanes, 81412-81417 2010-31899 Boeing Co. Model 747 Airplanes, 81430-81433 2010-31985 Boeing Co.

Model 747-200C, -200F, -400, -400D, and -400F Series Airplanes, 81427-81430 2010-31992 Boeing Co. Model 767 Airplanes, 81422-81424 2010-31967 Bombardier, Inc. Model DHC-8-300 Series Airplanes, 81420-81421 2010-32325 Piper Aircraft, Inc. Model PA-28-161 Airplanes, 81417-81419 2010-31905 Sikorsky Aircraft Corp. Model S76A; B; and C; and Helicopters, 81424-81427 2010-31962 Amendment of Class E Airspace: Columbus, OH, 81438-81439 2010-32575 Farmington, MO, 81437-81438 2010-32570 Johnson, KS, 81439-81440 2010-32569 Mansfield, OH, 81436-81437 2010-32571 Taos, NM, 81437 2010-32567 Establishment of Class E Airspace:

Benton, IL, 81441-81442 2010-32574 Central City, NE, 81440-81441 2010-32573 Modification of Class E Airspace: Rawlins, WY, 81442 2010-32580 Revocation of Class E Airspace: Lone Star, TX, 81442-81443 2010-32572 PROPOSED RULES Airworthiness Directives: The Boeing Company Model 777-200, -200LR, 300, and 300ER Series Airplanes, 81508-81512 2010-32657 Various Aviation Communication and Surveillance Systems Traffic Alert and Collision Avoidance System Units, 81512-81514 2010-32658 Amendment of Class E Airspace:

Point Lookout, MO, 81514-81515 2010-32576 Establishments of Class E Airspace: Colebrook, NH, 81516-81517 2010-32587 Proposed Establishment of Class E Airspace: Lancaster, NH, 81517-81518 2010-32568 Wolfeboro, NH, 81518-81519 2010-32581 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Criteria for Internet Communications of Aviation Weather, NOTAM, and Aeronautical Data, 81708 2010-32582 Performance and Handling Requirements for Rotorcraft, 81707 2010-32585 Decision to Issue Buy American Waivers for Foreign Object Debris Detection Equipment, 81708-81709 2010-32578 Petitions for Exemption;

Summaries of Petitions Received, 81709 2010-32505 Federal Communications Federal Communications Commission RULES Digital Television Signals Pursuant to 2004 Satellite Home Viewer Extension and Reauthorization Act, 81491-81498 2010-32694 Rules and Procedures Governing the Provision of International Telecommunications Service, 81488-81491 2010-32490 PROPOSED RULES Promoting More Efficient Use of Spectrum Through Dynamic Spectrum Use Technologies, 81558-81559 2010-32491 Federal Deposit Federal Deposit Insurance Corporation NOTICES Charter Renewals:

Advisory Committee on Economic Inclusion, 81606 2010-32502 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 81484-81488 2010-32542 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Kern River Gas Transmission Co., 81593-81594 2010-32642 Combined Filings, 81594-81601 2010-32503 2010-32646 2010-32647 2010-32648 Compliance Filings: North American Electric Reliability Corp., 81601-81602 2010-32510 Environmental Assessments;

Availability, etc.: Tennessee Gas Pipeline Co., Northampton Expansion Project, 81602-81604 2010-32641 Filings: City of Riverside, CA, 81604 2010-32643 Request For Extension of Time: Price Dam Partnership, Ltd., 81604-81605 2010-32644 Techincal Conferences: Smart Grid Interoperability Standards, 81605 2010-32640 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Harrison, et al., Counties, MS; Rescission, 81709-81710 2010-32422 Federal Housing Finance Agency Federal Housing Finance Agency RULES Minority and Women Inclusion, 81395-81405 2010-32541 Portfolio Holdings, 81405-81409 2010-32531 Federal Housing Finance Board Federal Housing Finance Board RULES Minority and Women Inclusion, 81395-81405 2010-32541 Federal Mine Federal Mine Safety and Health Review Commission RULES Simplified Proceedings, 81459-81464 2010-32417 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 81710-81711 2010-32557 Federal Reserve Federal Reserve System PROPOSED RULES Debit Card Interchange Fees and Routing, 81722-81763 2010-32061 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81606-81610 2010-32590 2010-32606 Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company, 81610-81611 2010-32651 Formations of, Acquisitions by, and Mergers of Bank Holding Companies;

Correction, 81611 2010-32593 Federal Trade Federal Trade Commission RULES Guides for the Jewelry, Precious Metals, and Pewter Industries, 81443-81454 2010-32273 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Listing Seven Brazilian Bird Species as Endangered Throughout Their Range, 81794-81815 2010-32628 NOTICES Endangered and Threatened Wildlife and Plants: St. Andrew Beach Mouse Recovery Plan, 81637-81639 2010-32666 Food and Drug Food and Drug Administration RULES New Animal Drugs:

Deslorelin, 81455-81456 2010-32554 PROPOSED RULES Substances Generally Recognized as Safe, 81536-81543 2010-32344 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Premarket Notification, 81616 2010-32508 Third Party Review Program Under the Food and Drug Administration Modernization Act, 81616-81617 2010-32603 Determination that Products Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness: TRANDATE (Labetalol Hydrochloride) Tablets, 300 Milligrams and 400 Milligrams, 81617-81618 2010-32507 Meetings:

Anesthetic and Life Support Drugs Advisory Committee, 81618 2010-32591 Request for Nominations: Voting and Non-Voting Members of Public Advisory Committees or Panels, 81618-81622 2010-32624 Foreign Assets Foreign Assets Control Office NOTICES Additional Designation of Entities Pursuant to Executive Order 13382, 81715-81716 2010-32604 Additional Designations Blocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe, 81716-81717 2010-32609 Designation of One Entity Pursuant to Executive Order 13224, 81717-81718 2010-32620 Unblocking of Specially Designated Nationals and Blocked Persons Pursuant to Executive Order 13288, 81718 2010-32605 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Buckhorn Exploration Project 2010, Okanogan-Wenatchee National Forest, Okanogan County, WA, 81560-81561 2010-32621 Huron-Manistee National Forests, Michigan, 81561-81562 2010-32420 Meetings: Wrangell-Petersburg Resource Advisory Committee, 81562 2010-32556 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health PROPOSED RULES Value-Based Insurance Design in Connection with Preventive Care Benefits;

Information Requests, 81544-81547 2010-32612 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Evaluation of Clinical and Translational Science Awards Initiative, 81611-81612 2010-32659 Findings of Misconduct in Science; Correction, 81612 2010-32555 Meetings: Consumer Operated and Oriented Plan Advisory Board, 81612-81613 2010-32649 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2010-32561 81623-81624 2010-32562 Meetings: Advisory Committee on Interdisciplinary, Community-Based Linkages, 81624-81625 2010-32560 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Privacy Act of 1974; Implementation of Exemptions: HSD/USCIS Citizenship and Immigration Data Repository System of Records, 81371-81372 2010-32540 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Implementation and Coordination Grant Application, 81633-81634 2010-32681 Economic Opportunities for Low- and Very Low-Income Persons, 81632-81633 2010-32678 Housing Choice Voucher Program Administrative Fee Study, 81634-81635 2010-32684 Privacy Act; Systems of Records: Single Family Computerized Homes Underwriting Management Systems, 81635-81637 2010-32688 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: No Child Left Behind Act Implementation, 81639-81640 2010-32695 Inspector General Health Inspector General Office, Health and Human Services Department PROPOSED RULES Solicitation of New Safe Harbors and Special Fraud Alerts, 81556-81558 2010-32705 NOTICES Privacy Act; Systems of Records, 81562-81563 2010-32527 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Hybrid Retirement Plans, 81456-81457 2010-32539 Source of Income From Qualified Fails Charges;

Correction, 81457 2010-32536 PROPOSED RULES Hybrid Retirement Plans; Correction, 81543-81544 2010-32538 Value-Based Insurance Design in Connection with Preventive Care Benefits; Information Requests, 81544-81547 2010-32612 International Trade Adm International Trade Administration PROPOSED RULES Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings, 81533-81536 2010-32632 NOTICES Final Results of New Shipper Reviews:

Certain Non-Frozen Apple Juice Concentrate from People's Republic of China, 81564-81565 2010-32675 Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 81565-81570 2010-32683 Preliminary Results of Antidumping Duty New Shipper Review: Polyethylene Terephthalate Film, Sheet, and Strip from India, 81570-81574 2010-32680 Preliminary Results of Countervailing Duty New Shipper Review: Polyethylene Terephthalate Film, Sheet, and Strip from India, 81574-81584 2010-32677 International Trade Com International Trade Commission NOTICES Terminations of Investigations:

Certain Semiconductor Products Made by Advanced Lithography Techniques and Products Containing Same, 81643-81644 2010-32515 Joint Joint Board for Enrollment of Actuaries RULES Privacy Act; Implementation, 81454-81455 2010-32165 Judicial Conference Judicial Conference of the United States NOTICES Hearings: Committee On Criminal Rules; Cancellation, 81644 2010-32415 Meetings: Advisory Committee on Rules of Appellate Procedure, 81644 2010-32438 Advisory Committee on Rules of Bankruptcy Procedure, 81644 2010-32437 Advisory Committee on Rules of Criminal Procedure, 2010-32434 81644-81645 2010-32435 Advisory Committee on Rules of Evidence, 81645 2010-32433 Committee on Rules of Practice and Procedure, 81644 2010-32439 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division RULES Paroling, Recommitting, and Supervising Federal Prisoners:

Prisoners Serving Sentences Under the United States and District of Columbia Codes, 81457-81459 2010-32596 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affordable Care Act Advance Notice of Rescission, 81662 2010-32551 Affordable Care Act Enrollment Opportunity Notice; Prohibition on Lifetime Limits, 81659-81660 2010-32533 Affordable Care Act Patient Protection Notice, 81662-81663 2010-32500 Logging Operations Standard, 81660-81661 2010-32598 Overhead and Gantry Cranes Standard, 81661-81662 2010-32599 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2010-32523 81664-81665 2010-32524 National Credit National Credit Union Administration RULES Fiduciary Duties at Federal Credit Unions: Mergers and Conversions of Insured Credit Unions, 81378-81395 2010-32115 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision that Nonconforming Vehicles Are Eligible for Importation: 1991 Rice Beaufort Double Trailers, 81711-81712 2010-32559 Petitions for Decisions of Inconsequential Noncompliance:

Goodyear Tire and Rubber Co., 81712-81713 2010-32558 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 81625-81630 2010-32629 2010-32669 2010-32671 Meetings: Center for Scientific Review, 2010-32638 81630 2010-32639 National Institute of Allergy and Infectious Diseases, 81631 2010-32630 2010-32631 National Institute of Biomedical Imaging and Bioengineering, 81630 2010-32645 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Northeastern United States: 2011 Summer Flounder, Scup, and Black Sea Bass Specifications;

Preliminary 2011 Quota Adjustments, etc., 81498-81505 2010-32656 Tilefish Fishery, 81505-81507 2010-32691 NOTICES Endangered and Threatened Species: Recovery Plan for the Sperm Whale, 81584-81585 2010-32692 Meetings: Gulf of Mexico Fishery Management Council, 81585-81586 2010-32626 Western Pacific Fishery Management Council, 81586-81587 2010-32595 National Park National Park Service NOTICES President William Jefferson Clinton Birthplace Home National Historic Site, 81640 2010-32550 Record of Decision:

Cape Hatteras National Seashore Off-Road Vehicle Management Plan, 81640-81641 2010-32549 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81665-81666 2010-32514 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 81666-81667 2010-32779 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Biweekly Notice, Applications and Amendments to Facility Operating Licenses, 81667-81675 2010-32668 Issuance of Regulatory Guide, 81675 2010-32448 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Concrete and Masonry Construction Standard, 81663-81664 2010-32597 Patent Patent and Trademark Office NOTICES Coding of Design Marks in Registrations, 81587-81589 2010-32564 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Approval of Exemption From Bond/Escrow Requirements: Ricketts Acquisition LLC and the Chicago National League Ball Club, LLC, 81675-81677 2010-32528 Request for Exemption from Bond/Escrow Requirements: Rangers Baseball Express, LLC, and Texas Rangers Baseball Partners, 81677-81678 2010-32532 Personnel Personnel Management Office NOTICES Meetings:

National Council on Federal Labor-Management Relations, 81678 2010-32625 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Long-Term North to South Water Transfer Program, Sacramento County, CA, 81642-81643 2010-32583 Odessa Subarea Special Study; Adams, Franklin, Grant, and Lincoln Counties, WA, 81641-81642 2010-32525 Hydropower Resource Assessment at Existing Reclamation Facilities; Reopening of Comment Period, 81643 2010-32660 Science Technology Science and Technology Policy Office NOTICES Meetings:

Aeronautics Science and Technology Subcommittee, 81678-81679 2010-32633 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81679-81684 2010-32517 2010-32518 2010-32519 2010-32520 2010-32521 2010-32522 2010-32553 Approval of Public Company Accounting Oversight Board and Annual Accounting Support Fee for Calendar year 2011, 81684-81685 2010-32650 Meetings; Sunshine Act, 81685 2010-32727 Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc., 81704-81706 2010-32512 EDGA Exchange, Inc., 81702-81704 2010-32614 EDGX Exchange, Inc., 81691-81692 2010-32613 Financial Industry Regulatory Authority, Inc., 81704 2010-32516 NASDAQ OMX BX, Inc., 81687-81689 2010-32615 NASDAQ OMX PHLX LLC, 81689-81691 2010-32623 New York Stock Exchange LLC, 81701-81702 2010-32622 NYSE Arca, Inc., 81685-81687, 81692-81701 2010-32513 2010-32607 2010-32608 Social Social Security Administration NOTICES Rate for Assessment on Direct Payment Fees to Representatives in 2011, 81707 2010-32566 Thrift Supervision Thrift Supervision Office RULES Prohibited Service at Savings and Loan Holding Companies:

Reinstitution of Expiration Date of Temporary Exemption, 81377-81378 2010-32637 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81713-81715 2010-32618 U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: E-Verify Program Data Collection, 81631-81632 2010-32546 Customs U.S. Customs and Border Protection NOTICES Australia Beef Imports Approved for the Electronic Certification System, 81632 2010-32537 Separate Parts In This Issue Part II Federal Reserve System, 81722-81763 2010-32061 Part III Consumer Product Safety Commission, 81766-81792 2010-32179 2010-32178 2010-32180 Part IV Interior Department, Fish and Wildlife Service, 81794-81815 2010-32628 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. 75 248 Tuesday, December 28, 2010 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2010-0088] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Citizenship and Immigration Services-012 Citizenship and Immigration Data Repository 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 newly established system of records titled “Department of Homeland Security/United States Citizenship and Immigration Services-012 Citizenship and Immigration Data Repository System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the “Department of Homeland Security/United States Citizenship and Immigration Services-012 Citizenship and Immigration Data Repository System of Records” 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 December 28, 2010. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Donald K. Hawkins (202-272-8000), Privacy Officer, U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue, NW., Washington, DC 20529. For privacy issues please contact: Mary Ellen Callahan, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: Background The Department of Homeland Security

(DHS)United States Citizenship and Immigration Service (USCIS) published a notice of proposed rulemaking in the **Federal Register** , 75 FR 54528, September 8, 2010, 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 system of records is the DHS/USCIS-012 Citizenship and Immigration Data Repository

(CIDR)System of Records. The DHS/USCIS-012 CIDR System of Records notice was published concurrently in the **Federal Register** , 75 FR 54642, September 8, 2010. Comments were invited on both the Notice of Proposed Rulemaking

(NPRM)and System of Records Notice (SORN). Public Comments DHS received six comments on the NPRM. Of the six comments, one was submitted in duplicate. No comments were received on the SORN. Three of the five original comments received were generally in support of the proposed rule. Two commentors expressed opposition generally to DHS' collection and use of personally identifiable information

(PII)for any reason other than to investigate individuals who may have violated the law. The Privacy Act of 1974 permits a federal agency, including DHS, to collect information pertaining to individuals provided that it has the requisite statutory authority to do so. The Privacy Act requires federal agencies to publish in the **Federal Register** a description denoting the type and character of each system of records that the agency maintains including the authority, purpose, category of records, and routine uses in order to make agency recordkeeping practices transparent, to notify individuals regarding the uses to which PII is put, and to assist individuals to more easily find such files within the agency. DHS met these requirements with the publication of the DHS/USCIS-012 CIDR SORN on September 10, 2010 in the **Federal Register** . As noted in DHS/USCIS-012 CIDR SORN, the authority to collect information within CIDR is §§ 101 and 103 of the Immigration and Nationality Act, as amended (8 U.S.C. 1101 and 1103), and the regulations issued pursuant thereto; § 451 of the Homeland Security Act of 2002 (Pub. L. 107-296); E.O. 12958; E.O. 13356; E.O. 13388; and E.O. 12333. In addition, as set forth in the DHS/USCIS-012 CIDR SORN, the CIDR system will not collect any new information, but rather, is a mirror copy of USCIS's major immigrant and non-immigrant benefits databases combined into a single user interface and presented in an updated, searchable format on the classified network. This system takes existing USCIS data and recompiles them into a system for the following three purposes:

(1)Vetting USCIS application information for indications of possible immigration fraud and national security concerns;

(2)detecting possible fraud and misuse of immigration information or position by USCIS employees, for personal gain or by coercion; and

(3)to respond to requests for information

(RFIs)from the DHS Office of Intelligence and Analysis (I&A) and/or the federal intelligence and law enforcement community members that are based on classified criteria. After consideration of public comments, the Department 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: 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. Add at the end of Appendix C to part 5, the following new paragraph “53”: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 53. The DHS/USCIS-012 CIDR System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/USCIS-012 CIDR 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 thereunder; national security and intelligence activities; and protection of the President of the U.S. or other individuals pursuant to Section 3056 and 3056A of Title 18. The DHS/USCIS-012 CIDR 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 PII 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); (d); (e)(1), (e)(4)(G), (e)(4)(H), (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) (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 could 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 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 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. Dated: December 14, 2010. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2010-32540 Filed 12-27-10; 8:45 am]

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