Unknown. Final rule

3,110 words·~14 min read·/register/2011/11/15/2011-29447·

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-11-15.xml --- 76 220 Tuesday, November 15, 2011 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70723-70728 2011-29382 2011-29383 Agency Agency for International Development NOTICES Senior Executive Service: Membership of Performance Review Board, 70703 2011-29427 Agriculture Agriculture Department See Office of Advocacy and Outreach Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Certification on Agency Letterhead Authorizing Purchase of Firearm for Official Duties of Law Enforcement Officer, 70756 2011-29377 Firearms Disabilities for Nonimmigrant Aliens, 70757 2011-29378 Licensed Firearms Manufacturers Records of Production, Disposition, and Supporting Data, 70756-70757 2011-29379 Records of Acquisition and Disposition, etc., U.S. Munitions Imports List, 70758 2011-29376 Report of Firearms Transactions, 70755-70756 2011-29375 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993:

American Brush Manufacturers Association, 70760 2011-29076 Connected Media Experience, Inc., 70758 2011-29080 Cooperative Research Group on Energy Storage System Evaluation and Safety, 70759-70760 2011-29078 Sematech, Inc. d-b-a International Sematech, 70758-70759 2011-29079 Army Army Department NOTICES Meetings: Army National Cemeteries Advisory Commission, 70710-70711 2011-29411 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Bureau of Ocean Energy Management NOTICES Oil and Gas Lease Sales for Years 2012-2017:

Outer Continental Shelf, Central and Western Gulf of Mexico; Correction, 70748 2011-29487 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70728-70730 2011-29417 2011-29443 Civil Rights Civil Rights Commission NOTICES Meetings: California Advisory Committee, 70703 2011-29346 Coast Guard Coast Guard RULES Safety Zones: Department of Defense Exercise, Hood Canal, Washington, 70649-70651 2011-29408 Fireworks Display, Potomac River, National Harbor Access Channel, MD, 70647-70649 2011-29409 Special Local Regulations:

Seminole Hard Rock Winterfest Boat Parade, New River and Intracoastal Waterway, Fort Lauderdale, FL, 70644-70647 2011-29398 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 70709-70710 2011-29589 Defense Department Defense Department See Army Department NOTICES Meetings:

Military Family Readiness Council; Change of Date and Time, 70710 2011-29371 Privacy Act; Systems of Records, 70710 2011-29324 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Employment and Training Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility to Apply for Worker and Alternative Trade Adjustment Assistance: Nexergy, Inc., et al., Columbus, OH, 70760 2011-29395 Investigations of Certifications of Eligibility to Apply for Worker and Alternative Trade Adjustment Assistance, 70760-70761 2011-29396 Negative Determinations on Remand:

Weather Shield Manufacturing, Inc., Medford, WI, 70761-70765 2011-29397 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Senior Executive Service Performance Review Board, 70711-70713 2011-29464 2011-29465 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes: Charlotte-Gastonia-Rock Hill, NC and SC; Determination of Attainment of the 1997 8-Hour Ozone Standard, 70656-70660 2011-29184 National Emission Standards for Hazardous Air Pollutant Emissions for Primary Lead Processing, 70834-70859 2011-29287 Executive Office of the President See Presidential Documents See Science and Technology Policy Office Federal Aviation Federal Aviation Administration NOTICES Passenger Facility Charge Approvals and Disapprovals, 70807-70811 2011-29275 2011-29276 Federal Communications Federal Communications Commission RULES Petitions for Reconsideration of Action of Rulemaking Proceeding, 70660 2011-29437 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 70721-70722 2011-29574 2011-29599 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Flood Insurance Program - Mortgage Portfolio Protection Program, 70745-70746 2011-29468 Emergency Declarations: Connecticut; Amendment No. 1, 70746-70747 2011-29469 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Alabama Power Co., 70714-70715 2011-29401 Arkansas Electric Cooperative Corp. and The Bank of New York Mellon, as Owner Trustee, 70714 2011-29353 Carbon Zero, LLC, 70713-70714 2011-29352 Combined Filings, 70715-70717 2011-29393 2011-29394 Environmental Assessments;

Availability, etc.: Lasalle Pipeline Project; DCP Midstream, LP, 70717-70719 2011-29400 License Applications: Public Utility District No. 1 of Snohomish County, 70719-70720 2011-29405 2011-29406 Preliminary Permit Applications: KC LLC, 70720-70721 2011-29399 Natural Currents Energy Services, LLC, 70720 2011-29407 Quarterly Contract Reports of Intrastate Natural Gas Companies; Availability, 70721 2011-29403 Workshops: Voltage Coordination on High Voltage Grids, 70721 2011-29404 Federal Motor Federal Motor Carrier Safety Administration RULES Medical Certification Requirements as Part of the Commercial Drivers License:

Extension of Certificate Retention Requirements, 70661-70663 2011-29481 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 70722 2011-29422 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 70722 2011-29423 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements: Healthcare Technology Holdings, Inc., 70722 C1--2011--28497 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Migratory Birds and Wetlands Conservation Grant Programs, 70749-70751 2011-29386 Policy for Evaluation of Conservation Efforts When Making Listing Decisions, 70748-70749 2011-29387 Meetings: Trinity Adaptive Management Working Group, 70751 2011-29420 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Expansion: Foreign-Trade Zone 61, San Juan, PR, 70703-70704 2011-29501 Applications for Reorganization and Expansion: Foreign-Trade Zone 87, Lake Charles, LA, 70704 2011-29502 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Economic Contribution of Federal Investments in Restoration of Degraded, Damaged, or Destroyed Ecosystems, 70751-70752 2011-29425 Government Ethics Government Ethics Office PROPOSED RULES Standards of Ethical Conduct for Employees of the Executive Branch: Limits on Gifts from Registered Lobbyists and Lobbying Organizations, 70667 2011-29569 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention NOTICES Request for Co-Sponsors:

Programs to Strengthen Coordination and Impact of National Prevention Efforts of Healthcare-Associated Infections, 70722-70723 2011-29489 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services RULES Privacy Act; Implementation of Exemptions: U.S. Citizenship and Immigration Services - 015 Electronic Immigration System-2 Account and Case Management System of Records, 70638-70639 2011-29452 U.S.

Citizenship and Immigration Services - 016 Electronic Immigration System-3 Automated Background Functions, 70637-70638 2011-29447 Prohibition on Federal Protective Service Guard Services Contracts, etc.; Correction, 70660-70661 2011-29388 NOTICES Critical Infrastructure Partnership Advisory Council Membership Update, 70730 2011-29347 Privacy Act; Systems of Records, 70730-70745 2011-29449 2011-29450 2011-29451 Indian Affairs Indian Affairs Bureau NOTICES Application Deadlines:

Participation in the Tribal Self-Governance Program in Fiscal Year 2013 or Calendar Year 2013, 70752 2011-29390 Interior Interior Department See Bureau of Ocean Energy Management See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Privacy Act; Systems of Records, 70813-70827 2011-29372 2011-29380 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Results, Amendments, Extensions, etc.: Chlorinated Isocyanurates from the People's Republic of China, 70705-70706 2011-29496 Frontseating Service Valves from the People's Republic of China, 70706-70709 2011-29498 Pure Magnesium from the People's Republic of China, 70709 2011-29499 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Appeal from Decision of Immigration Judge, 70754-70755 2011-29374 Application for Cancellation of Removal

(42)for Certain Permanent Residents, etc., 70754 2011-29373 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Realty Actions: Conveyance of Federally Owned Mineral Interests in Kern County, CA, 70752-70753 2011-29475 National Archives National Archives and Records Administration NOTICES Meetings: Advisory Committee on Presidential Library-Foundation Partnerships, 70765 2011-29480 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70765 2011-29415 Meetings: Humanities Panel, 70765-70766 2011-29370 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area, 70665-70666 2011-29474 PROPOSED RULES Taking and Importing Marine Mammals: U.S. Navy Training in 12 Range Complexes and U.S. Air Force Space Vehicle and Test Flight Activities in California, 70695-70702 2011-29494 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications for Indirect Change of Control for Source Material Licenses: FMRI to Green Lantern Acquisition 1, LLC, 70766-70768 2011-29434 Draft Reports: Common-Cause Failure Analysis in Event and Condition Assessment; Guidance and Research; Correction, 70768 2011-29436 Facility Operating Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 70768-70777 2011-29435 Meetings: Advisory Committee on Reactor Safeguards, 70778-70779 2011-29419 Meetings; Sunshine Act, 70779 2011-29558 Office of Advocacy and Outreach RULES Agricultural Career and Employment Grants Program; Correction, 70639 2011-29389 Patent Patent and Trademark Office RULES Fee for Filing a Patent Application Other than by the Electronic Filing System, 70651-70653 2011-29462 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Paying Benefits, 70639-70640 2011-29461 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES List of Applications for Modifications of Special Permits, 70811-70813 2011-28983 2011-28984 Postal Regulatory Postal Regulatory Commission RULES Performance Measurement, 70653-70656 2011-29391 Presidential Documents Presidential Documents EXECUTIVE ORDERS Government Agencies and Employees: Efficient Spending; Promotion Efforts (EO 13589), 70861-70864 2011-29683 ADMINISTRATIVE ORDERS Brazil; Drug Interdiction Assistance (Presidential Determination) No. 2012-02 of October 14, 2011, 70635 2011-29588 Science Technology Science and Technology Policy Office NOTICES Meetings: President's Council of Advisors on Science and Technology, 70779-70781 2011-29424 2011-29432 President's Council of Advisors on Science and Technology, Working Group on Advanced Manufacturing, 70780-70781 2011-29429 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 2011-29623 70781-70782 2011-29622 Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 70789-70790 2011-29392 NASDAQ Stock Market LLC, 70782-70788, 70799-70803 2011-29412 2011-29441 2011-29442 New York Stock Exchange LLC, 70795-70799 2011-29439 NYSE Amex LLC, 70790-70795 2011-29440 Selective Selective Service System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70803-70804 2011-29286 Small Business Small Business Administration PROPOSED RULES Small Business Size Standards: Educational Services, 70667-70680 2011-29445 Real Estate and Rental and Leasing, 70680-70694 2011-29448 NOTICES Disaster Declarations: Virginia, 70804 2011-29444 Social Social Security Administration NOTICES Meetings: Occupational Information Development Advisory Panel, 70804 2011-29438 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Relationship, 70804-70805 2011-29472 Culturally Significant Objects Imported for Exhibition Determinations: The Renaissance Portrait from Donatello to Bellini, 70805 2011-29473 Statutory Debarment under the Arms Export Control Act and the International Traffic in Arms Regulations; Correction, 70805-70807 2011-29470 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70753-70754 2011-29202 Surface Transportation Surface Transportation Board RULES Policy Statement on Grant Stamp Procedure in Routine Director Orders, 70664-70665 2011-29348 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service RULES Privacy Act of 1974; Implementation, 70640-70644 2011-29385 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Replace Permanent Resident Card, 70747 2011-29492 Immigrant Petition by Alien Entrepreneur, 70747-70748 2011-29493 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Annual Clothing Allowance, 70829-70830 2011-29363 Architect - Engineer Fee Proposal, 70829 2011-29362 Board of Veterans' Appeals Customer Satisfaction with Hearing Survey Card, 70827 2011-29365 Claim for Credit of Annual Leave, 70830-70831 2011-29366 Mentor-Protege Program Application and Reports, 70828 2011-29368 Procedures, and Security for Government Financing, 70830 2011-29367 Supplier Perception Survey, 70827-70828 2011-29369 Survey of Veteran Enrollees (Quality and Efficiency of VA Health Care), 70831 2011-29364 Separate Parts In This Issue Part II Environmental Protection Agency, 70834-70859 2011-29287 Part III Presidential Documents, 70861-70864 2011-29683 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. 76 220 Tuesday, November 15, 2011 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2011-0110] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Citizenship and Immigration Services-016 Electronic Immigration System-3 Automated Background Functions 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 an updated and reissued system of records titled, “Department of Homeland Security/U.S. Citizenship and Immigration Services-016 Electronic Immigration System-3 Automated Background Functions System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the “Department of Homeland Security/U.S. Citizenship and Immigration Services-016 Electronic Immigration System-3 Automated Background Functions 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 November 15, 2011. 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

(703)235-0780, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: Background The Department of Homeland Security

(DHS)U.S. Citizenship and Immigration Services (USCIS) published a notice of proposed rulemaking in the **Federal Register** , 76 FR 60385, September 29, 2011, 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-016 Electronic Immigration System-3 Automated Background Functions System of Records. The DHS/USCIS-016 Electronic Immigration System-3 Automated Background Functions system of records notice was published concurrently in the **Federal Register** , 76 FR 60059, September 28, 2011, and comments were invited on both the Notice of Proposed Rulemaking

(NPRM)and System of Records Notice (SORN). Public Comments DHS received no comments on the NPRM or SORN and 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 proposes to amend 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 “65”: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 65. The DHS/USCIS-016 Electronic Immigration System-3 Automated Background Functions System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/USCIS-016 Electronic Immigration System-3 Automated Background Functions System of Records is a repository of information held by USCIS to serve its mission of processing immigration benefits. This system also supports certain other DHS programs whose functions include, but are not limited to, the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; and national security and intelligence activities. The DHS/USCIS-016 Electronic Immigration System-3 Automated Background Functions 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. This system is exempted from the following provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). Additionally, many of the functions in this system require retrieving records from law enforcement systems. Where a record received from another system has been exempted in that source system under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those records that are claimed for the original primary systems of records from which they originated and claims any additional exemptions in accordance with this rule. Exemptions from these particular subsections are justified, on a case-by-case basis 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 that investigation and reveal investigative interest on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process.

(b)From subsection

(d)(Access to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and/or 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 unreasonable administrative burden by requiring investigations to be continually reinvestigated. In addition, permitting access and amendment to such information could disclose security-sensitive information that could be detrimental to homeland security.

(c)From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of federal law, the accuracy of information obtained or introduced occasionally may be unclear, or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity.

(d)From 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: November 2, 2011. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2011-29447 Filed 11-14-11; 8:45 am]

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