Unknown. Final rule

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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-2011-12-29.xml --- 76 250 Thursday, December 29, 2011 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81944-81945 2011-33293 Measure and Domains for Development; Solicitation: Standardized Instrument in Reporting of Family Experience of Pediatric Patient Care, 81945-81947 2011-33290 Agriculture Agriculture Department See Farm Service Agency See Forest Service See Rural Business-Cooperative Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 81909 2011-33431 Agency Information Collection Activities; Proposals, Submissions, and Approvals; Withdrawals, 81909 2011-33360 Privacy Act; Systems of Records, 2011-33457 81909-81910 2011-33459 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Daily Summaries, etc., by Licensed Explosives Manufacturers, 81967-81968 2011-33374 Antitrust Division Antitrust Division NOTICES Proposed Final Judgment and Competitive Impact Statements:

U.S. v. Deutsche Borse Ag and NYSE Euronext, 81968-81978 2011-33413 Bureau of Consumer Financial Protection RULES Consumer Leasing (Regulation M); Correction, 81789-81790 2011-33354 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: World Trade Center Health Program Scientific and Technical Advisory Committee, 81947-81948 2011-33396 Coast Guard Coast Guard RULES Drawbridge Operations: Delaware River, Between Burlington, NJ and Bristol, PA, 81825-81826 2011-33369 Middle Branch of the Patapsco River, Baltimore, MD, 81826 2011-33367 Pocomoke River, Pocomoke City, MD, 81826-81827 2011-33368 Safety Zones:

Sacramento New Year's Eve Fireworks Display, Sacramento, CA., 81827 2011-33372 NOTICES Mobile Offshore Drilling Unit Guidance Policy; Availability, 81957-81958 2011-33501 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Regulations Governing Bankruptcies of Commodity Brokers, 81916-81917 2011-33474 Defense Department Defense Department RULES Operational Contract Support, 81807-81825 2011-33107 PROPOSED RULES TRICARE: Extended Care Health Option, 81897-81899 2011-33384 Removal of the Prohibition to Use Addictive Drugs in the Maintenance Treatment of Substance Dependence in TRICARE Beneficiaries, 81899-81901 2011-33106 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-33476 81917-81918 2011-33487 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Biobased Procurements, 81940-81941 2011-33347 Federal Acquisition Regulation; Progress Payments (SF-1443), 81942 2011-33348 Meetings: Strategic Environmental Research and Development Program, Scientific Advisory Board, 81918-81919 2011-33340 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications, 81978-81979 2011-33402 Manufacturers of Controlled Substances;

Applications, 81979 2011-33421 Manufacturers of Controlled Substances; Registrations, 2011-33400 81979-81980 2011-33404 Economic Development Economic Development Administration NOTICES Determination of Eligibility to Apply for Trade Adjustment Assistance, 81912 2011-33403 Employment and Training Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Continuous Computing, Inc., San Diego, CA, 81986 2011-33326 Grupo Antolin, Belvidere, IL, 81987 2011-33328 Honeywell International, Inc., Rock Island, IL, 81986 2011-33329 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 81987-81990 2011-33327 Negative Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 2011-33305 81990 2011-33324 Revised Denied Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 81991 2011-33304 2011-33325 Terminations of Investigations:

Tecumseh Products Corp., Ann Arbor, MI, 81991 2011-33330 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Limited Public Interest Waiver under Section 1605 of the American Recovery and Reinvestment Act, 81919-81920 2011-33407 Nationwide Categorical Waivers of the American Recovery and Reinvestment Act, 2011-33415 81920-81923 2011-33416 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:

New Mexico; Albuquerque/Bernalillo County; Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revisions, 81836-81838 2011-33280 Approval and Promulgation of Implementation Plans: Oklahoma; Interstate Transport of Pollution, 81838-81840 2011-33282 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hipps Road Landfill Superfund Site, 81840-81844 2011-33472 PROPOSED RULES Approval and Promulgation of Implementation Plans;

Designations of Areas for Air Quality Planning Purposes: North Carolina and South Carolina; Charlotte; Determination of Attainment by Applicable Attainment Date for the 1997 8-Hour Ozone Standards, 81901-81903 2011-33273 National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production, 81903 2011-33460 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hipps Road Landfill Superfund Site, 81904 2011-33470 NOTICES Proposed Administrative Orders on Consent: 4057 and 4059 Goodwin Avenue, Los Angeles, CA, 81929-81930 2011-33467 Proposed Administrative Settlements Puruant to CERCLA, 81930 2011-33454 Proposed Settlement Agreements;

Clean Air Act Citizen Suit, 81930-81931 2011-33455 Executive Office Executive Office for Immigration Review RULES Professional Conduct for Practitioners—Representation and Appearances; CFR Correction, 81789 2011-33530 Executive Office of the President See Presidential Documents Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: End-Use Certificate Program, 81910-81911 2011-33443 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Hawker Beechcraft Corporation Airplanes Equipped with a Certain Supplemental Type Certificate, 81790-81793 2011-33344 Airworthiness Standards: Normal, Utility, Acrobatic, and Commuter Category Airplanes; CFR Correction, 81790 2011-33531 Airworthiness Standards: Transport Category Airplanes; CFR Correction, 81790 2011-33532 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 81884-81885 2011-33341 Empresa Brasileira de Aeronautica S.A. Embraer Airplanes, 81894-81897 2011-33279 Goodrich Evacuation Systems Approved Under Technical Standard Order TSO-C69b and Installed on Airbus Airplanes, 81885-81889 2011-33359 Saab AB, Saab Aerosystems Airplanes, 81889-81890 2011-33275 The Boeing Company Airplanes, 81879-81883, 81890-81894 2011-33355 2011-33376 NOTICES Meetings:

Commercial Space Transportation Advisory Committee; Teleconference, 82031 2011-33353 Waivers of Aeronautical Land-use Assurance: DuPage Airport, West Chicago, IL, 82031-82035 2011-33465 Waivers of Aeronautical Land-Use Assurance: Ohio State University Airport, Columbus, OH, 82035-82036 2011-33469 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81932 2011-33375 Auction of FM Broadcast Construction Permits:

Revised Construction Permit Number in Auction 93, 81932-81933 2011-33509 Federal Deposit Federal Deposit Insurance Corporation RULES Community Reinvestment; CFR Correction, 81789 2011-33529 Federal Energy Federal Energy Regulatory Commission NOTICES Amendments to Petitions for Declaratory Orders: Trans-Allegheny Interstate Line Co., 81923 2011-33317 Amendments: East Cheyenne Gas Storage, LLC, 81924 2011-33315 Applications: Freeport LNG Development, LP, 81925-81926 2011-33313 Pine Prairie Energy Center, LLC, 81924-81925 2011-33314 Effectiveness of Exempt Wholesale Generator Status:

Alliant Energy Corporate Services, Inc., Full Circle Renewables, LLC, Invenergy Illinois Solar I LLC, et al., 81926 2011-33316 Environmental Assessments; Availability, etc.: Line N 2012 Expansion Project, National Fuel Gas Supply Corp., 81926-81927 2011-33312 Motions for Extension of Rate Case Filing Deadlines: EasTrans, LLC, 81927 2011-33309 Petitions for Declaratory Orders: Shiloh III Wind Project, LLC, 81927-81928 2011-33318 Petitions for Waivers: Kansas City, KS, Board of Public Utilities, 81928 2011-33306 Temporary Waiver of Filing and Reporting Requirements:

ONEOK Rockies Midstream, LLC, 81928-81929 2011-33310 Webinars: Small Hydropower Development in the United States, 81929 2011-33311 Workshops: Santee Cooper Hydroelectric Project, South Carolina Public Service Authority, 81929 2011-33307 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 81933 2011-33485 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82036-82038 2011-33350 2011-33352 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Savings and Loan Holding Companies, 81933-81939 2011-33432 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 81939-81940 2011-33363 2011-33385 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 81940 2011-33386 Fish Fish and Wildlife Service NOTICES Meetings: Sport Fishing and Boating Partnership Council, 81959-81960 2011-33389 Food and Drug Food and Drug Administration RULES Ophthalmic and Topical Dosage Form New Animal Drugs:

Ivermectin Topical Solution, 81806-81807 2011-33382 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Experimental Study on Consumer Responses to Nutrition Facts Labels, etc., 81948-81950 2011-33303 Foreign Assets Foreign Assets Control Office NOTICES Designation of Two Individuals Pursuant to Executive Order 13553, 82042 2011-33349 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization under Alternative Site Framework:

Foreign-Trade Zone 226, Merced, Madera, Fresno and Tulare Counties, CA, 81912-81913 2011-33486 Forest Forest Service NOTICES Requests for Nominations Implementation of the National Forest System Land Management Planning Rule Advisory Committee, 81911-81912 2011-33535 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Biobased Procurements, 81940-81941 2011-33347 Federal Acquisition Regulation;

Progress Payments (SF-1443), 81942 2011-33348 Price Reductions Clause, 81941 2011-33430 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81960-81961 2011-33392 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 81942-81944 2011-33390 2011-33391 Homeland Homeland Security Department See Coast Guard RULES Privacy Act of 1974; Implementation of Exemptions: Use of the Terrorist Screening Database System of Records, 81787-81789 2011-33428 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assessment Questionnaire - IP Sector Specific Agency Risk Self Assessment Tool, 81955-81956 2011-33422 Science and Technology, Project 25 Compliance Assessment Program, 81954-81955 2011-33426 Meetings:

National Infrastructure Advisory Council, 81956-81957 2011-33419 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Homelessness Prevention Study Site Visits, 81959 2011-33410 Limited English Proficiency Initiative Program, 81958-81959 2011-33408 Industry Industry and Security Bureau RULES The Commerce Control List; CFR Correction, 81793 2011-33619 Inspector General Health Inspector General Office, Health and Human Services Department PROPOSED RULES Solicitation of New Safe Harbors and Special Fraud Alerts, 81904-81906 2011-33345 NOTICES Privacy Act;

Systems of Records, 81950-81951 2011-33346 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 81913-81914 2011-33490 Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.:

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 81914 2011-33495 Export Trade Certificates of Review, 81914-81915 2011-33387 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Remanufactured Goods; An Overview of the U.S. and Global Industries, Markets, and Trade, 81965-81966 2011-33395 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration See Executive Office for Immigration Review See Parole Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country, 81966-81967 2011-33371 Lodging of Consent Decrees Under CERCLA, 2011-33500 81967 2011-33380 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cognitive and Psychological Research, 81983-81984 2011-33365 Contribution Operations, 81982-81983 2011-33370 Family and Medical Leave Act of 1993, 81981 2011-33343 Green Jobs and Health Care Impact Evaluation of ARRA-funded Grants, 81980-81981 2011-33342 Green Jobs and Health Care Implementation Study, 81981-81982 2011-33373 Local Area Unemployment Statistics Program, 81984 2011-33468 Review for Submissions:

Bahrain - U.S. Free Trade Agreement, 81984-81985 2011-33478 Land Land Management Bureau PROPOSED RULES Competitive Process for Leasing Public Lands for Solar and Wind Energy Development, 81906-81908 2011-33429 NOTICES Meetings: Dominguez-Escalante Resource Advisory Council, 81961-81962 2011-33397 Northeast California Resource Advisory Council and Northwest California Resource Advisory Council, 81962 2011-33394 Southwest Colorado Resource Advisory Council, 81962 2011-33393 Minority Business Minority Business Development Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Minority Enterprise Development Week Awards Program Requirements, 81915-81916 2011-33381 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Biobased Procurements, 81940-81941 2011-33347 Federal Acquisition Regulation; Progress Payments (SF-1443), 81942 2011-33348 National Archives National Archives and Records Administration RULES Declassification of National Security Information, 81827-81834 2011-33284 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 82038-82039 2011-33473 Petitions: Nonconforming 2000-2003 Kawasaki ZR750 Motorcycles Are Eligible for Importation, 82039-82040 2011-33453 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2011-33481 2011-33483 81951-81953 2011-33492 National Cancer Institute, 81952-81953 2011-33484 National Institute of Allergy and Infectious Diseases, 81954 2011-33496 2011-33497 National Institute of Neurological Disorders and Stroke, 81951 2011-33494 National Institute on Drug Abuse, 81952, 81954 2011-33479 2011-33489 2011-33491 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Amendment 18, 82058-82069 2011-33187 Generic Annual Catch Limits/Accountability Measures Amendment for the Gulf of Mexico, 82044-82055 2011-33185 Fisheries of the Exclusive Economic Zone Off Alaska: Gulf of Alaska; Final 2011 and 2012 Harvest Specifications for Groundfish, 81860-81872 2011-33448 Inseason Adjustment to the 2012 Bering Sea and Aleutian Islands Atka Mackerel Total Allowable Catch Amount, 81873-81875 2011-33322 Inseason Adjustment to the 2012 Bering Sea and Aleutian Islands Pacific Cod Total Allowable Catch Amount, 81875-81876 2011-33436 Inseason Adjustment to the 2012 Bering Sea Pollock Total Allowable Catch Amount, 81876-81878 2011-33438 Pacific Cod Allocations in the Gulf of Alaska;

Amendment 83; Correction, 81872-81873 2011-33452 Fisheries of the Northeastern United States: Removal of Standardized Bycatch Reporting Methodology Regulations, 81844-81850 2011-33302 Summer Flounder Fishery; Quota Transfer, 81851 2011-33434 2011-33439 Fisheries Off West Coast States: West Coast Salmon Fisheries; Amendment 16 to the Salmon Fishery Management Plan, 81851-81860 2011-33308 NOTICES Permits: Marine Mammals; File No. 16685, 81916 2011-33441 National Park National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: Ross Lake National Recreation Area, North Cascades National Park Service Complex, Skagit and Whatcom Counties, WA, 81962-81965 2011-33398 Meetings: Cape Cod National Seashore Advisory Commission, 81965 2011-33399 National Science National Science Foundation NOTICES Meetings: National Spectrum Sharing Research Experimentation, Validation, Verification, Demonstration and Trials; Workshop, 81991-81992 2011-33383 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined License Applications for Exemptions:

PPL Bell Bend, LLC, 81992-81994 2011-33466 UniStar Nuclear Energy, Calvert Cliffs Nuclear Power Plant, Unit 3, 81994-81996 2011-33464 Environmental Impact Statements; Availability, etc.: Entergy Operations, Inc., Grand Gulf Nuclear Station, Unit 1, 81996-81998 2011-33461 Methodology for Low Power/Shutdown Fire PRA, 81998 2011-33471 Occupational Safety Health Rev Occupational Safety and Health Review Commission NOTICES Senior Executive Service Performance Review Board Membership, 81998-81999 2011-33356 Parole Parole Commission NOTICES Meetings;

Sunshine Act, 81980 2011-33524 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alternative Annuity Election, 82001 2011-33506 Application for Death Benefits Under the Civil Service Retirement System, et al., 82002 2011-33507 Certificate of Medical Examination, 81999 2011-33505 Establishment Information Form, et al., 82003 2011-33503 Health Benefits Registration Form, 82002-82003 2011-33504 Marital Status Certification Survey, 82000 2011-33510 Request for Change to Unreduced Annuity, 82000-82001 2011-33508 Verification of Who is Getting Payments, 81999-82000 2011-33511 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 82003-82005 2011-33339 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Jerusalem Embassy Act;

Suspension of Limitations (Presidential Determination) No. 2012-03 of December 2, 2011, 82071-82073 2011-33626 Rural Business Rural Business-Cooperative Service RULES Direct and Insured Loanmaking; CFR Correction, 81789 2011-33527 Securities Securities and Exchange Commission RULES Net Worth Standard for Accredited Investors, 81793-81806 2011-33333 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82005 2011-33513 Self-Regulatory Organizations;

Proposed Rule Changes: BATS Exchange, Inc., 82011-82014 2011-33377 Chicago Board Options Exchange, Inc, 82016-82022 2011-33449 2011-33450 Chicago Mercantile Exchange, Inc., 82005-82007 2011-33361 2011-33362 Financial Industry Regulatory Authority, Inc., 82014-82016, 82022-82024 2011-33447 2011-33488 NASDAQ OMX PHLX LLC, 82008-82009 2011-33379 New York Stock Exchange LLC, 82011, 82024-82026 2011-33378 2011-33445 NYSE Amex LLC, 82009-82011 2011-33446 State Department State Department NOTICES Meetings:

Shipping Coordinating Committee, 82026-82028 2011-33499 2011-33502 Request for Information for the 2012 Trafficking in Persons Report, 82028-82031 2011-33498 Surface Transportation Surface Transportation Board NOTICES Oral Arguments: Canexus Chemicals Canada LP v. BNSF Railway Co., 82040-82041 2011-33444 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office NOTICES Meetings:

President's Advisory Council on Financial Capability, 82041 2011-33357 Veteran Affairs Veterans Affairs Department RULES Compensation for Certain Disabilities Due to Undiagnosed and Medically Unexplained Chronic Multi-Symptom Illnesses, 81834-81836 2011-33222 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 82044-82055 2011-33185 Part III Commerce Department, National Oceanic and Atmospheric Administration, 82058-82069 2011-33187 Part IV Presidential Documents, 82071-82073 2011-33626 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. 76 250 Thursday, December 29, 2011 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2011-0100] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-030 Use of the Terrorist Screening Database 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/ALL-030 Use of the Terrorist Screening Database System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the “Department of Homeland Security/ALL-030 Use of the Terrorist Screening Database 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 29, 2011. FOR FURTHER INFORMATION CONTACT: For general questions and 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)published a notice of proposed rulemaking

(NPRM)in the **Federal Register,** July 6, 2011, 76 FR 39315, 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 titled, “DHS/ALL-030 Use of the Terrorist Screening Database System of Records.” The DHS/ALL-030 Use of the Terrorist Screening Database system of records notice

(SORN)was published concurrently in the **Federal Register,** July 6, 2011, 76 FR 39408, and comments were invited on both the NPRM and SORN. Public Comments DHS received a total of two comments, one on the NPRM and one that addressed both the NPRM and the SORN. Comments on the NPRM DHS received two comments on the NPRM. One of the comments on the NPRM also included comments on the SORN. That comment will be addressed in its entirety under SORN below. The one comment exclusively on the NPRM was from a private individual. The individual raised a series of philosophical questions regarding the policy behind homeland security issues that were unrelated to this proposed rulemaking. The individual also mentioned several times that this is a “new database.” This is not a new database. The system of records addressed by this NPRM and the accompanying SORN represents a mirror copy of the Department of Justice (DOJ)/Federal Bureau of Investigation (FBI)-019 Terrorist Screening Records System of Records (August 22, 2007, 72 FR 47073). The same rules outlined in the DOJ/FBI-019 Terrorist Screening Records System of Records (August 22, 2007, 72 FR 47073) transfer and apply. The individual goes on to discuss the historical relevance of the Terrorist Screening Database and outlines the positives and negatives of the system. The individual also raises concerns about the security of the system. The DHS mirrored copy of the system will receive the same security and protection as it does at the FBI and Terrorist Screening Center (TSC). The individual also speculates that, as a matter of fiscal priority, the system could be subject to less funding over time based on priorities. The system will meet the same requirements at DHS as it does at FBI/TSC. The individual concludes the general comments by saying the benefits outweigh the risks. On Privacy Act exemptions, the individual states that the proposed rule was nicely drafted. The individual asks the question of who will make the determination on when an exemption will be applied. In response to that question, that determination will be made by DHS privacy or disclosure staff in consultation with counsel. If the exemption is applied and an appeal is necessary, individuals may appeal the decision. That process can be found at *www.dhs.gov/foia.* The individual expresses appreciation for the Department's decision to consider requests on a case-by-case basis when applying exemptions. The individual states that the system should be implemented and that it be a model for other agencies. Comment on the SORN DHS received one comment on the SORN from a public interest research center that was joined in filing its comments by seventeen other privacy, consumer rights, and civil rights organizations. The comment addressed both the NPRM and SORN jointly and is addressed in this section. The authors start by stating that DHS should “suspend the proposal pending a full review of the privacy, security, and legal implications of the program, including compliance with the Federal Privacy Act.” The NPRM and SORN received internal coordination and clearance by program and compliance officials, including, but not limited to, the Office of General Counsel and the Chief Privacy Officer. The organizations further stated that “if the agency

(DHS)proceeds with the Watch List System

(WLS)program, the system must, at a minimum:

(1)Adhere to Congress's intent to maintain transparent and secure government recordkeeping systems;

(2)provide individuals judicially enforceable rights of notice, access, and correction;

(3)conform to a revised SORN and NPRM that includes requirements for the agency

(DHS)to respect individuals' rights to control their information in possession of Federal agencies, as the Privacy Act requires; and

(4)premise its technological and security approach on decentralization.” With respect to these points, the Department follows the complete privacy legal framework as well as additional privacy policy it has put in place. The organizations go on to state that the Department is intentionally circumventing a number of provisions under the Privacy Act as well as the intent of the Privacy Act. As noted above, the NPRM and SORN received internal coordination and clearance by program and compliance officials, including, but not limited to, the Office of General Counsel and the Chief Privacy Officer. This addresses the author's points covering “meaningful privacy protections Congress established in the Privacy Act.” The fact that Privacy Act exemptions are taken within this system of records, and explained within the NPRM, does not mean that the act is illegal or outside of the intent of Congress. The exemptions are contemplated by the Privacy Act and the Department implemented them consistent with that statute. The Department maintains that, for a variety of national security and law enforcement purposes, the exemptions taken within the system of records, and outlined in the NRPM, are necessary and are unchanged. The organizations go on to refute the Privacy Act exemptions claimed and recommend changing the way the Department does business including the way it conducts investigations. The organizations recommend that the Department void the claimed exemptions. The Department maintains that, for national security and law enforcement purposes, the exemptions taken within the system of records, and outlined in the NRPM, are necessary and remain in place. The organizations also go on to cite concerns regarding privacy risks contemplated in previously published Privacy Impact Assessments

(PIAs)where the Terrorist Screening Database

(TSDB)is used. In response, the Department emphasizes that this is not a new database. This NPRM and SORN represent a mirror copy of the DOJ/FBI-019 Terrorist Screening Records System of Records (August 22, 2007, 72 FR 47073). The same rules outlined in the FBI SORN transfer and apply. The Department has taken additional steps to further ensure privacy protections by conducting appropriate privacy analysis through a published PIA as well as SORN. Doing so provides additional transparency on the risks, mitigations, and privacy rules associated with maintaining a mirror copy of the TSDB. After consideration of public comments and reviewing the NPRM, the Department determined it did not require exemptions to subsections (e)(12) or

(h)of the Privacy Act. Thus, the Department has removed proposed paragraphs

(i)and

(k)from the Final Rule. No additional changes were made. 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 “66”: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 66. The DHS/ALL-030 Use of Terrorist Screening Database System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/ALL-030 Use of Terrorist Screening Database System of Records is a repository of information held by DHS in connection with its several and varied missions and functions, including, but not limited to the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; 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/ALL-030 Use of Terrorist Screening Database 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. Pursuant to 5 U.S.C. 552a(j)(2), the Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act, subject to the limitations set forth in 5 U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and (g)(1). Additionally, pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), the Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act, subject to the limitation set forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). Exemptions from these particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, for the following reasons:

(a)From subsection (c)(3) and (c)(4) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process.

(b)From subsection

(d)(Access to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS or another agency. Access to the records could permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. 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 subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of the investigation, thereby interfering with that investigation and related law enforcement activities.

(e)From subsection (e)(3) (Notice to Subjects) because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants.

(f)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.

(g)From subsection (e)(5) (Collection of Information) because with the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Compliance with subsection (e)(5) would preclude DHS agents from using their investigative training and exercise of good judgment to both conduct and report on investigations.

(h)From subsection (e)(8) (Notice on Individuals) because compliance would interfere with DHS's ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed under seal and could result in disclosure of investigative techniques, procedures, and evidence.

(i)From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: November 23, 2011. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2011-33428 Filed 12-28-11; 8:45 am]

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