Unknown. Final rule

4,524 words·~21 min read·/register/2011/10/07/2011-25922

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-2011-10-07.xml --- 76 195 Friday, October 7, 2011 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62410-62412 2011-25691 Agricultural Marketing Agricultural Marketing Service NOTICES Meetings: National Organic Standards Board, 62336-62339 2011-25551 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 62336 2011-25943 Animal Animal and Plant Health Inspection Service PROPOSED RULES Compliance with Federal Select Agent Program: Public Meeting, 62312-62313 2011-26071 Traceability for Livestock Moving Interstate, 62313 2011-26056 NOTICES Approval of Interstate Movement of Rambutan From Puerto Rico, 62339 2011-26050 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 62412-62413 2011-26008 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62413-62415 2011-26034 2011-26026 Medicare Economic Index Technical Advisory Panel; Establishment and Request for Nominations, 62415-62416 2011-26040 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62416-62418 2011-25947 2011-25954 Coast Guard Coast Guard RULES Safety Zones:

Rotary Club of Fort Lauderdale New River Raft Race, New River, Fort Lauderdale, FL, 62301-62303 2011-25974 Special Local Regulations: Line of Sail Marine Parade, East River and Brunswick River, Brunswick, GA, 62298-62301 2011-26115 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62424-62428 2011-25956 2011-25971 2011-25972 Cook Inlet Regional Citizens Advisory Council; Charter Renewal, 62428-62429 2011-25973 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Proposed Additions and Deletions, 62391-62393 2011-26019 Commodity Credit Commodity Credit Corporation NOTICES Domestic Sugar Program: 2011 Crop Cane Sugar and Beet Sugar Marketing Allotments and Company Allocations, 62339-62341 2011-25945 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62498-62499 2011-26012 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 62393-62394 2011-26094 2011-26096 Defense Department Defense Department NOTICES Meetings:

Defense Acquisition University Board of Visitors; Cancellation, 62394 2011-26025 Privacy Act; Systems of Records, 62394 2011-25984 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications, 62446-62447 2011-25989 Importers of Controlled Substances; Registrations, 2011-25992 62447-62449 2011-26062 2011-26066 2011-26068 Manufacturers of Controlled Substances; Applications, 2011-25990 62449-62451 2011-26003 2011-26057 2011-26063 Manufacturers of Controlled Substances;

Registrations, 62451 2011-25996 2011-26031 Education Education Department NOTICES Meetings: Equity and Excellence Commission, 62394-62395 2011-25983 Employment and Training Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Avon Products, Inc., Springdale, OH, 62451-62452 2011-26011 2011-26036 Determinations Regarding Eligibility to Apply for Worker Adjustment and Alternative Trade Adjustment Assistance, 62452-62455 2011-26010 2011-26035 Updated Funding Availability for H-1B Technical Skills Training Grant, 62455 2011-26185 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 62395 2011-26061 Environmental Protection Environmental Protection Agency RULES Final Authorizations of State Hazardous Waste Management Program Revisions: California, 62303-62306 2011-25899 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Focus Groups as Used by EPA for Economics Projects; Renewal, 62400-62402 2011-26087 Ambient Air Monitoring Reference and Equivalent Methods: Designation of One New Equivalent Method, 62402-62403 2011-26092 American Recovery and Reinvestment Act Buy American Waivers:

Airway Heights, WA, 62403-62404 2011-26091 West Monroe, LA, 62404-62405 2011-26090 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 62405-62406 2011-26049 Executive Office of the President See Presidential Documents See Science and Technology Policy Office Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Aviation Communication and Surveillance Systems Traffic Alert and Collision Avoidance System Units, 62321-62327 2011-26084 NOTICES Air Tour Management Plan Programs;

Extension of Scoping Periods: Golden Gate National Recreation Area, San Francisco Maritime National Historical Park and Point Reyes National Seashore, 62495 2011-25906 Federal Communications Federal Communications Commission RULES Implementing Nationwide, Broadband, Interoperable Public Safety Network in 700 MHz Band, 62309 2011-26023 PROPOSED RULES Radio Broadcasting Services: Alamo, GA; Alton, MO; Boscobel, WI, etc., 62330-62331 2011-26028 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 62406 2011-26130 Update Listing of Financial Institutions in Liquidation, 62407 2011-25977 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Proposed Flood Elevation Determinations: Correction, 62329-62330 C1--2011--19545 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disaster Assistance Registration, 62429-62431 2011-25978 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Natural Gas Pipeline Company of America LLC, 62395-62396 2011-25961 Complaints:

Martha Coakley, Attorney General of Massachusetts, et al. v. Bangor Hydro-Electric Co., et al., 62396-62397 2011-25963 Environmental Assessments; Availability, etc.: Mountain Pass Lateral Project, Kern River Gas Transmission Co., 62397-62398 2011-25962 License Amendment Applications: Northern States Power Co., 62398-62399 2011-25964 Preliminary Permit Applications: Bison Peak Pumped Storage, LLC, 62399-62400 2011-25965 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Local Arterial in California, 62495-62496 2011-25982 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary Licenses;

Applicants, 62407 2011-25910 Ocean Transportation Intermediary Licenses; Reissuances, 62408 2011-25912 Ocean Transportation Intermediary Licenses; Revocations, 62408 2011-25913 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 62408 2011-26209 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings: Motor Carrier Safety Advisory Committee Public Subcommittee, 62496-62497 2011-25916 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 62408-62409 2011-25986 Formations of, Acquisitions by, and Mergers of Bank Holding Companies;

Correction, 62409 2011-25985 Proposals to Engage In or to Acquire Companies Engaged in Permissible Nonbanking Activities, 62409 2011-25953 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on Petition to List Black-footed Albatross, 62504-62565 2011-25469 NOTICES Environmental Assessments; Availability, etc.: Savannah National Wildlife Refuge Complex, GA and SC, 62439-62440 2011-25981 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals Tobacco Products, Exemptions From Substantial Equivalence Requirements; Correction, 62418 2011-25967 Meetings: Antiviral Drugs Advisory Committee, 62418-62419 2011-25976 General and Plastic Surgery Devices Panel of the Medical Devices Advisory Committee, 62419 2011-25969 Public Workshops: Science of Abuse Liability Assessment, 62419-62420 2011-25918 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: School Foodservice Indirect Cost Study, 62341-62342 2011-26058 Forest Forest Service NOTICES Meetings: Deschutes Provincial Advisory Committee, 62342 2011-25761 Sabine Resource Advisory Committee, 62342 2011-26027 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Countermeasures Injury Compensation Program;

Administrative Implementation, 62306-62309 2011-25858 NOTICES Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort, 62409 2011-26004 Health Resources Health Resources and Services Administration NOTICES Statement of Organization, Functions and Delegations of Authority, 62420-62421 2011-26007 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection PROPOSED RULES Ammonium Nitrate Security Program:

Public Meetings, 62311-62312 2011-26051 Housing Housing and Urban Development Department NOTICES Delegations Of Authority: Office of Congressional and Intergovernmental Relations, 62594 2011-26053 Office of Disaster Management and National Security, 62433-62434 2011-26046 Draft Environmental Justice Strategy, 62434 2011-25938 Federal Property Suitable as Facilities to Assist the Homeless, 62434-62438 2011-25567 Meetings: Manufactured Housing Consensus Committee, 62438-62439 2011-26038 Orders Of Succession:

Office of Congressional and Intergovernmental Relations, 62594-62595 2011-26054 Office of Disaster Management and National Security, 62439 2011-26047 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Manzanita Band of Kumeyaay Indians Fee-to-Trust Transfer and Casino Project, Calexico, CA, 62440-62442 2011-25751 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service See Reclamation Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Retail Inventory Method, 62327-62329 2011-25946 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-25949 62499-62501 2011-25950 2011-25951 2011-25948 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Preliminary Results: Freshwater Crawfish Tail Meat From the People's Republic of China, 62349-62356 2011-26069 Certain Lined Paper Products from India, 62343-62349 2011-26065 Certain New Pneumatic Off-the-Road Tires from the People's Republic of China, 62356-62364 2011-26016 Binational Panel Reviews;

Completions, 62364 2011-25952 Countervailing Duty Administrative Reviews; Preliminary Results: Certain Kitchen Appliance Shelving and Racks from the People's Republic of China, 62364-62373 2011-26013 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 62444 2011-26100 Justice Department Justice Department See Drug Enforcement Administration See Justice Programs Office See National Institute of Justice NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Claims Filed Under the Radiation Exposure Compensation Act, 62445-62446 2011-25988 Understanding Trends in Hate Crimes Against Immigrants and Hispanic Americans, 62444-62445 2011-25987 Lodging of Settlement Agreements Under CERCLA, 62446 2011-26037 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Understanding Trends in Hate Crimes Against Immigrants and Hispanic Americans, 62444-62445 2011-25987 Labor Department Labor Department See Employment and Training Administration Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NASA National Aeronautics and Space Administration NOTICES Meetings:

Aerospace Safety Advisory Panel, 62455-62456 2011-25911 Science Committee; Planetary Science Subcommittee, 62456 2011-26033 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62456-62457 2011-26060 2011-26064 National Institute Justice National Institute of Justice NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Understanding Trends in Hate Crimes Against Immigrants and Hispanic Americans, 62444-62445 2011-25987 National Institute National Institute of Standards and Technology NOTICES Meetings:

Cloud Computing Forum and Workshop IV, 62373-62374 2011-26024 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: A Generic Submission for Theory Development and Validation, 62421-62422 2011-26043 Meetings: National Cancer Institute, 62422-62423 2011-25998 National Heart, Lung, and Blood Institute, 62422 2011-25999 National Institute of Environmental Health Sciences, 62424 2011-26041 National Institute of Environmental Health Sciences;

Cancellation, 62422 2011-26000 National Institute on Deafness and Other Communication Disorders, 62423-62424 2011-25997 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 62309-62310 2011-26015 PROPOSED RULES Atlantic Highly Migratory Species: Atlantic Shark Management Measures, 62331-62335 2011-26021 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Alaska Recreational Charter Vessel Guide and Owner Data, 62374-62375 2011-25966 Endangered and Threatened Species: 90-Day Finding on Petitions to Delist Coho Salmon, 62375-62376 2011-26017 Meetings: Marine Fisheries Advisory Committee, 62377 2011-26020 Pacific Fishery Management Council, 62377-62378 2011-25935 South Atlantic Fishery Management Council; Correction, 62377 2011-26042 Takes of Marine Mammals Incidental to Specified Activities:

Air-to-Surface Gunnery Missions in Gulf of Mexico, 62378-62387 2011-26018 National Park National Park Service NOTICES National Register of Historic Places: Notification of Pending Nominations and Related Actions, 62442 2011-25968 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 62457 2011-26189 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Atomic Safety and Licensing Board Hearings: Nextera Energy Seabrook, LLC, Seabrook Station, Unit 1, 62457 2011-26052 Orders:

Tennessee Valley Authority, Bellefonte Nuclear Plant, Unit 1, 62457-62460 2011-26059 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public User ID Badging, 62387-62388 2011-26014 Public Hearing and Request for Comments on Study of Prior User Rights, 62388-62389 2011-26154 Public Hearings on Study of International Patent Protection for Small Businesses, 62389-62391 2011-26157 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 62460-62469 2011-25994 2011-25995 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Child Health Day (Proc. 8729), 62295-62296 2011-26149 National Arts and Humanities Month (Proc. 8723), 62283-62284 2011-26142 National Breast Cancer Awareness Month (Proc. 8724), 62285-62286 2011-26143 National Cybersecurity Awareness Month (Proc. 8725), 62287-62288 2011-26144 National Disability Employment Awareness Month (Proc. 8726), 62289-62290 2011-26146 National Domestic Violence Awareness Month (Proc. 8727), 62291-62292 2011-26147 National Substance Abuse Prevention Month (Proc. 8728), 62293-62294 2011-26148 EXECUTIVE ORDERS Committees;

Establishment, Renewal, Termination, etc.: Federal Advisory Committees, Continuation (EO 13585), 62281-62282 2011-26141 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Upper Truckee River Restoration and Golf Course Reconfiguration Project, 62442-62443 2011-25845 Science Technology Science and Technology Policy Office NOTICES Webinars: 2011 National Nanotechnology Initiative Environmental, Health, and Safety Strategy, 62469 2011-26048 Securities Securities and Exchange Commission NOTICES Applications for Deregistration, 62469-62470 2011-25925 Applications:

Global X Funds, et al., 62475-62481 2011-25928 Incapital LLC, et al., 62481-62484 2011-25927 MFS Series Trust I, et al., 62470-62475 2011-25926 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 62491-62494 2011-25960 NASDAQ OMX BX, Inc., 62489-62491 2011-25959 NASDAQ OMX PHLX LLC, 62486-62488 2011-25958 NASDAQ Stock Market LLC, 62484-62486 2011-25957 Small Business Small Business Administration PROPOSED RULES Small Business Size and Status Integrity, 62313-62321 2011-25656 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Supplemental Nonimmigrant Visa Form, 62494 2011-25745 Designations as Global Terrorists: Ibrahim Awwad Ibrahim Ali al-Badri, aka as Dr. Ibrahim Awwad Ibrahim Ali al-Badri, etc., 62494-62495 2011-26022 State Justice State Justice Institute NOTICES Grant Guideline for Fiscal Year 2012, 62568-62591 2011-25893 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Grenada Railway LLC in Grenada, Montgomery, Carroll, Holmes, Yazoo and Madison Counties, MS, 62497-62498 2011-25970 Acquisitions and Operation Exemptions:

Finger Lakes Railway Corp. from CSX Transportation, Inc., 62498 2011-25892 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service RULES Privacy Act: Implementation, 62297-62298 2011-25922 Customs U.S. Customs and Border Protection NOTICES Final Determinations:

Certain Ethernet Switches, 62431-62433 2011-25991 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 62504-62565 2011-25469 Part III State Justice Institute, 62568-62591 2011-25893 Part IV Housing and Urban Development Department, 2011-26053 62594-62595 2011-26054 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. 76 195 Friday, October 7, 2011 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Secretary 31 CFR Part 1 RIN 3505-AC35 Privacy Act:

Implementation AGENCY: Office of the Secretary, Treasury. ACTION: Final rule. SUMMARY: In this final rule, the Department of the Treasury makes technical corrections to an appendix to its regulations regarding disclosure of records. These amendments update the name of the former Bureau of Alcohol, Tobacco and Firearms to the Alcohol and Tobacco Tax and Trade Bureau, and also update the contact information for the Alcohol and Tobacco Tax and Trade Bureau and the procedures by which individuals may request disclosure of information under the Privacy Act.

These amendments do not change the Department's interpretation of any regulation or the requirements of any recordkeeping provision. DATES: *Effective Date:* October 7, 2011. FOR FURTHER INFORMATION CONTACT: Karen Welch, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Box 12, Washington, DC 20005; telephone 202-453-1039, ext. 046 or e-mail *Karen.Welch@ttb.gov.* SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, 5 U.S.C. 552a, pertains to the disclosure of information about individuals that is maintained by Federal government agencies.

It requires Federal government agencies to make available records pertaining to an individual upon the request of that individual, and forbids Federal government agencies from disclosing records containing information about an individual without the individual's consent, subject to certain exceptions. The regulations pertaining to the disclosure of records by the Department of the Treasury and its components are contained in 31 CFR part 1. The regulations implementing the Privacy Act are contained in 31 CFR part 1, subpart C, and set forth the procedures by which individuals may request notification of whether the Department of the Treasury maintains or has disclosed a record pertaining to them or may seek access to such records maintained in any nonexempt system of records.

Subpart C is accompanied by appendix E, which describes the procedures applicable to each component of the Department of the Treasury. Individuals requesting records from a Treasury Department component under the Privacy Act must comply with the procedures detailed in the appropriate appendix. Prior to January 24, 2003, the Bureau of Alcohol, Tobacco and Firearms was a component of the Department of the Treasury. Effective January 24, 2003, the Homeland Security Act of 2002 divided that Bureau into two new entities—the Alcohol and Tobacco Tax and Trade Bureau

(TTB)in the Department of the Treasury, and the Bureau of Alcohol, Tobacco, Firearms and Explosives

(ATF)in the Department of Justice. TTB, the Bureau that remained within the Department of the Treasury, is responsible for administering chapters 51 (relating to distilled spirits, wine, and beer) and 52 (relating to tobacco products and cigarette papers and tubes) of title 26 U.S.C., the Internal Revenue Code of 1986, as amended (IRC). TTB also administers sections 4181 and 4182 (relating to the excise tax on firearms and ammunition) of the IRC and title 27 of the U.S.C. (relating to alcohol). As a result of the organizational change, information in appendix E to 31 CFR part 1, subpart C needs to be updated to reflect TTB's information and procedures. TTB's procedures regarding requests for disclosures under the Privacy Act should be set forth in appendix E to subpart C of 31 CFR part 1. Therefore, the Department of the Treasury issues this document to amend the information contained in this appendix by:

(1)Changing the name of the relevant agency from the “Bureau of Alcohol, Tobacco and Firearms” to the “Alcohol and Tobacco Tax and Trade Bureau;”

(2)changing the listed mailing address to that of TTB; and

(3)updating the Privacy Act-related procedures to allow individuals to make certain requests to TTB by fax as well as by postal mail. In accordance with Executive Order 12866, it has been determined that this final rule is not a “significant regulatory action” and, therefore, does not require a Regulatory Impact Analysis. In addition, the regulation will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it has been determined that this final rule does not have federalism implications under Executive Order 13132. Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. These regulations are being published as a direct final rule because the amendments do not impose any new requirements on any member of the public and do not substantively alter the procedures relating to the way in which the Department of the Treasury or TTB currently handles Privacy Act obligations. These amendments are the most efficient means for the Department of the Treasury to correct outdated information concerning the means by which an individual may request disclosures of information from TTB. Accordingly, pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), the Department of the Treasury finds good cause that prior notice and other public comment procedures with respect to this rule are impracticable and unnecessary and finds good cause for making this rule effective upon the date of its publication in the **Federal Register** . List of Subjects in 31 CFR Part 1 Privacy. Part 1, subpart C of title 31 of the Code of Federal Regulations, is amended as follows: PART 1—[AMENDED] 1. The authority citation for part 1 continues to read as follows: Authority: 5 U.S.C. 301 and 31 U.S.C. 321. Subpart A also issued under 5 U.S.C. 552, as amended. Subpart C also issued under 5 U.S.C. 552a, as amended. 2. Appendix E to Subpart C of part 1 is revised to read as follows: Appendix E to Subpart C of Part 1—Alcohol and Tobacco Tax and Trade Bureau 1. *In general.* This appendix applies to the Alcohol and Tobacco Tax and Trade Bureau. It sets forth specific notification and access procedures with respect to particular systems of records, identifies the officers designated to make the initial determinations with respect to notification and access to records and accountings of disclosures of records. This appendix also sets forth the specific procedures for requesting amendment of records and identifies the officers designated to make the initial and appellate determinations with respect to requests for amendment of records. It identifies the officers designated to grant extensions of time on appeal, the officers with whom “Statements of Disagreement” may be filed, the officer designated to receive service of process and the addresses for delivery of requests, appeals, and service of process. In addition, it references the notice of systems of records and notices of the routine uses of the information in the system required by 5 U.S.C. 552a(3),

(4)and

(11)and published annually by the Office of the Federal Register in “Privacy Act Issuances”. 2. *Requests for notification and access to records and accountings of disclosures.* Initial determination under 31 CFR 1.26, whether to grant requests for notification and access to records and accountings of disclosures for the Alcohol and Tobacco Tax and Trade Bureau, will be made by the Director, Regulations and Rulings Division, or the delegate of such officer. Requests may be mailed or delivered in person to: Privacy Act Request, Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Box 12, Washington, DC 20005. Requests may also be faxed to 202-453-2331. 3. *Requests for amendment of record.* Initial determinations under 31 CFR 1.27

(a)through

(d)with respect to requests to amend records maintained by the Alcohol and Tobacco Tax and Trade Bureau will be made by the Director, Regulations and Rulings Division. Requests for amendment of records may be mailed or delivered in person to: Privacy Act Request, Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005. Requests may also be faxed to 202-453-2331. The Bureau will process a faxed request when the request meets the identity verification requirements outlined in paragraph 4(a) of this Appendix. 4. *Verification of identity.*

(a)In addition to the requirements specified in 31 CFR 1.26(d) of this appendix, each request for notification, access or amendment of records made by mail or fax shall contain the requesting individual's date and place of birth and a statement signed by the requester asserting his or her identity and stipulating that the requester understands that knowingly or willfully seeking or obtaining access to records about another person under false pretenses is a misdemeanor and punishable by a fine of up to $5,000 provided, that the Alcohol and Tobacco Tax and Trade Bureau may require a signed notarized statement verifying the identity of the requester.

(b)Individuals making requests in person will be required to exhibit at least two acceptable identifying documents such as employee identification cards, driver's license, medical cards, or other documents sufficient to verify the identity of the requester.

(c)The parent or guardian of a minor or a person judicially determined to be incompetent, shall in addition to establishing the identity of the minor or other person he represents as required in

(a)and (b), establish his own parentage or guardianship by furnishing a copy of a birth certificate showing parentage (or other satisfactory documentation) or a court order establishing the guardianship. 5. *Request for physical inspection of records.* Upon determining that a request for the physical inspection of records is to be granted, the requester shall be notified in writing of the determination, and when and where the records may be inspected. The inspection of records will be made at the Alcohol and Tobacco Tax and Trade Bureau Field Office or other facility located nearest to the residence of the individual making the request. Such inspection shall be conducted during the regular business hours of the field office or other facility where the disclosure is made. A person of the requester's own choosing may accompany the requester provided the requester furnishes a written statement authorizing the disclosure of the requester's record in the accompanying person's presence. The record inspection will be made in the presence of a representative of the Bureau. Following the inspection of the record, the individual will acknowledge in writing the fact that he or she had an opportunity to inspect the requested record. 6. *Requests for copies of records without prior physical inspection.* Upon determining that an individual's request for copies of his or her records without prior physical inspection is to be granted, the requester shall be notified in writing of the determination, and the location and time for his or her receipt of the requested copies. The copies will be made available at the Alcohol and Tobacco Tax and Trade Bureau field office or other facility located nearest to the residence of the individual making the request, unless the individual requests that the documents be sent by mail. Copies shall be received by the requester during the regular business hours of the field office or other facility where the disclosure is made. Transfer of the copies to the individual shall be conditioned upon payment of copying costs and his presentation of at least two acceptable identifying documents such as employee identification cards, driver's license, medical cards, or other documents sufficient to verify the identity of the requester. Following the receipt of the copies in person, the individual will acknowledge receipt in writing. 7. *Administrative appeal of initial determination refusing to amend record.* Appellate determinations under 31 CFR 1.27(e) with respect to records of the Alcohol and Tobacco Tax and Trade Bureau, including extensions of time on appeal, will be made by the Administrator or the delegate of such officer. Appeals should be addressed to, or delivered in person to: Privacy Act Amendment Appeal, Administrator, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Box 12, Washington, DC 20005. 8. *Statements of disagreement.* “Statements of Disagreement” as described in 31 CFR 1.27(e)(4) shall be filed with the official signing the notification within 35 days of the date of such notification and should be limited to one page. 9. *Service of process.* Service of process will be received by the Administrator of the Alcohol and Tobacco Tax and Trade Bureau or the delegate of such official and shall be delivered to the following location: Administrator, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Box 12, Washington, DC 20005, Attention: Chief Counsel. 10. *Annual notice of systems of records.* The annual notice of systems of records is published by the Office of the Federal Register, as specified in 5 U.S.C. 552a(f). The publication is entitled “Privacy Act Issuances”. Any specific requirements for access, including identification requirements, in addition to the requirements set forth in 31 CFR 1.26 and 1.27 are indicated in the notice for each pertinent system. Signed: September 12, 2011. Veronica Marco, Acting Deputy Assistant Secretary for Privacy, Transparency, and Records. [FR Doc. 2011-25922 Filed 10-6-11; 8:45 am]

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U.S. Code