Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-01-10.xml --- 77 6 Tuesday, January 10, 2012 Contents Agency Agency for International Development RULES Procurement of Commodities and Services Financed by USAID Federal Program Funds, 1396-1405 2011-33240 Agriculture Agriculture Department See Animal and Plant Health Inspection Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for Explosives License or Permit, 1509-1510 2012-158 Firearms and Explosives Services Division Customer Service Survey, 1510 2012-159 Animal Animal and Plant Health Inspection Service RULES Lists of Regions Classified with Respect to Certain Animal Diseases and States Approved to Receive Certain Imported Horses, 1388-1396 2012-226 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Shelled Peas From Kenya, 1453 2012-227 Broadcasting Broadcasting Board of Governors NOTICES Meetings;

Sunshine Act, 1453-1454 2012-314 Census Bureau Census Bureau NOTICES Request for Nominations: Members to Serve on the Census Scientific Advisory Committee, 1454-1455 2012-169 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1494-1495 2012-215 Coast Guard Coast Guard RULES Drawbridge Operations: Gulf Intracoastal Waterway, LA, 1405-1406 2012-170 Islais Creek, San Francisco, CA, 1407 2012-171 Northeast Cape Fear River, Wilmington, NC, 1406 2012-172 Regulated Navigation Areas:

Memorial Bridge Construction, Piscataqua River, Portsmouth, NH, 1407-1411 2012-175 PROPOSED RULES Safety Zones: Atlantic Intracoastal Waterway, Camp Lejeune, NC, 1431-1434 2012-237 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Meetings: Board of Regents of the Uniformed Services University of the Health Sciences, 1471 2012-219 Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Registration and Application for Registration Renewal, 1510-1511 2012-161 Education Education Department NOTICES Meetings: The Historically Black College and University Capital Financing Advisory Board, 1471-1472 2012-220 Submission of Data by State Educational Agencies, 1472-1473 2012-270 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Applications to Export Electric Energy:

AEP Energy Partners, Inc., 1474 2012-217 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Waivers from Residential Refrigerator and Refrigerator-Freezer Test Procedures: Samsung, 1474-1478 2012-216 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: District of Columbia, Maryland, Virginia, and West Virginia, 1411-1414 2012-141 Approval and Promulgation of State Implementation Plans:

Alaska, 1414-1417 2012-341 Partial Approval and Partial Disapproval of Air Quality Implementation Plans: San Joaquin Valley, CA; Reasonably Available Control Technology for Ozone, 1417-1427 2012-139 PROPOSED RULES Proposed Confidentiality Determinations for Data Elements under the Mandatory Reporting of Greenhouse Gases Rule, 1434-1452 2011-33591 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Water Quality Program Management Resource Analysis, 1484-1485 2012-214 Charter Renewals:

Local Government's Advisory Committee, 1485-1486 2012-213 Executive Office of the President See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration PROPOSED RULES Class E Airspace; Proposed Amendments and Revocations: Willcox, AZ and Cochise, AZ, 1428-1429 2012-247 Proposed Amendment of Class E Airspace: Springfield, CO, 1429-1430 2012-244 NOTICES Order Limiting Scheduled Operations at Newark Liberty International Airport, 1549-1550 2012-253 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Monthly Return of Human Trafficking Offenses Known to Law Enforcement, 1511-1512 2012-160 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1486-1487 2012-233 Privacy Act; Systems of Records, 1487-1489 2012-154 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings: Systemic Resolution Advisory Committee, 1490 2012-189 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 1478-1482 2012-221 2012-222 Complaints:

Powerex Corp. vs. Department of Energy, 1482-1483 2012-196 Environmental Assessments; Availability, etc.: Commissioners of Public Works of the City Spartanburg, SC, 1483 2012-195 Filings: City of Anaheim, CA, 1483 2012-199 City of Azusa, CA, 1483-1484 2012-200 City of Pasadena, CA, 1484 2012-198 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Spring Valley Wind LLC, 1484 2012-197 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Erie County, New York, 1550-1551 2012-296 Final Federal Agency Actions on Proposed Highway in Utah, 1551 2012-292 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 1490 2012-210 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 1490 2012-209 Federal Trade Federal Trade Commission NOTICES Consent Orders: Sigma Corp., 1491-1494 2012-267 Federal Transit Federal Transit Administration NOTICES Environmental Impact Statements;

Availability, etc.: Bottineau Transitway Project from Minneapolis to Maple Grove, Hennepin County, MN, 1551-1554 2012-264 Fish Fish and Wildlife Service NOTICES Draft Environmental Assessment and Proposed Single-Species Habitat Conservation Plan: Shiloh IV Wind Plant Project, Solano County, California, 1498-1500 2012-288 Environmental Assessments; Availability, etc.: Hawaii-Based Shallow-Set Longline Fishery, 1501-1503 2012-192 Plum Tree Island National Wildlife Refuge, Poquoson, VA, 1500-1501 2012-293 Massasoit National Wildlife Refuge:

Plymouth, MA, 1503-1504 2012-297 Health and Human Health and Human Services Department See Children and Families Administration See Health Resources and Services Administration RULES Administrative Simplification: Adoption of Standards for Health Care Electronic Funds Transfers and Remittance Advice, 1556-1590 2012-132 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1495 2012-224 Criteria for Determining Priorities Among Correctional Facility Health Professional Shortage Areas, 1495-1496 2012-223 Meetings:

National Advisory Committee on Rural Health and Human Services, 1496-1497 2012-225 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection RULES Privacy Act of 1974; Implementation of Exemptions: Suspicious Activity Reporting System of Records, 1387-1388 2012-255 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public/Private Partnerships for the Mixed-Finance Development of Public Housing Units, 1497-1498 2012-252 Interior Interior Department See Fish and Wildlife Service See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Administrative Reviews;

Results, Extensions, Amendments, etc.: Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China, 1455 2012-245 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Carbazole Violet Pigment 23 from the People's Republic of China, 1463-1464 2012-248 Citric Acid and Certain Citrate Salts from the People's Republic of China, 1455-1456 2012-236 Hand Trucks and Certain Parts Thereof from the People's Republic of China, 1464-1470 2012-242 Honey from Argentina, 1458-1463 2012-234 Wooden Bedroom Furniture from the People's Republic of China, 1456-1458 2012-238 New Shipper Reviews;

Results, Extensions, Amendments, etc.: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 1470 2012-239 International Trade Com International Trade Commission NOTICES Investigations: Certain Integrated Circuits, Chipsets and Products Containing Same, Including Televisions, 1505-1506 2012-178 Certain Kinesiotherapy Devices and Components Thereof, 1504-1505 2012-177 Stainless Steel Wire Rod from India, 1504 2012-176 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Federal Bureau of Investigation See National Institute of Corrections NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Progress Report for the STOP Formula Grants Program, 1507-1508 2012-167 Claim for Damage, Injury, or Death, 1506-1507 2012-163 Semi-Annual Progress Report for the Grants to Encourage Arrest Policies and Enforcement Protection Orders Program, 1508-1509 2012-168 Lodging of Proposed Consent Decrees, 1509 2012-207 Labor Department Labor Department See Workers Compensation Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Methylene Chloride Standard, 1512-1513 2012-211 National Institute Corrections National Institute of Corrections NOTICES Solicitation for a Cooperative Agreement: Strategic Essentials for the Advancement of Women Executives in Corrections; Extension, 1512 2012-155 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: South Atlantic Fishery Management Council, 1470-1471 2012-235 National Transportation National Transportation Safety Board NOTICES Meetings:

Air Show and Air Races, 1513-1514 2012-204 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 1514-1521 2012-124 Meetings; Sunshine Act, 1521 2012-337 Office of United States Trade Representative See Trade Representative, Office of United States Postal Regulatory Postal Regulatory Commission NOTICES FY 2010 Annual Compliance Report, 1521-1523 2012-164 Railroad Retirement Railroad Retirement Board NOTICES Meetings;

Sunshine Act, 1523 2012-299 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 1523-1524 2012-304 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 1524-1526 2012-183 NASDAQ OMX BX, 1543-1544 2012-180 NASDAQ OMX PHLX LLC, 2012-184 1532-1536 2012-186 2012-187 NASDAQ Stock Market LLC, 1537-1543 2012-179 2012-182 NYSE Arca, Inc., 1526-1532, 1545-1546 2012-181 2012-185 Small Business Small Business Administration NOTICES Disaster Declarations:

Georgia, 1546 2012-194 Texas; Amendment 6, 1547 2012-257 Texas; Amendment 9, 1546-1547 2012-259 Virginia; Amendment 2, 1547 2012-206 Virginia; Amendment 3, 1547 2012-256 Meetings: Interagency Task Force On Veterans Small Business Development, 1548 2012-261 National Small Business Development Center Advisory Board, 1547-1548 2012-205 State Department State Department NOTICES Meetings: Advisory Committee on International Economic Policy, 1548-1549 2012-232 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Maryland Regulatory Program, 1430-1431 2012-243 Trade Representative Trade Representative, Office of United States NOTICES Generalized System of Preferences: 2010 Annual Review, 1549 2012-250 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Withdrawal of Bonded Stores for Fishing Vessels and Certificate of Use, 1497 2012-258 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1513 2012-174 Separate Parts In This Issue Part II Health and Human Services Department, 1556-1590 2012-132 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. 77 6 Tuesday, January 10, 2012 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2011-0119] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/Federal Emergency Management Agency—012 Suspicious Activity Reporting 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 a newly established system of records titled, “Department of Homeland Security/Federal Emergency Management Agency—012 Suspicious Activity Reporting System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the “Department of Homeland Security/Federal Emergency Management Agency—012 Suspicious Activity Reporting 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 January 10, 2012. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Eric M. Leckey,

(202)646-3323), Privacy Officer, Federal Emergency Management Agency, Washington, DC 20478. 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)Federal Emergency Management Agency

(FEMA)published a notice of proposed rulemaking

(NPRM)in the **Federal Register** , 76 FR 60387, September 29, 2011, proposing to exempt a 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/FEMA—012 Suspicious Activity Reporting System of Records. The DHS/FEMA—012 Suspicious Activity Reporting system of records notice

(SORN)was published concurrently in the **Federal Register** , 76 FR 60067, September 28, 2011, and comments were invited on both the NPRM and SORN. Public Comments DHS/FEMA received a total of two public comments. One comment was received on the NPRM and one on the SORN. NPRM DHS/FEMA received one public comment from an anonymous individual in support of the NPRM. The private individual notes that “the DHS/FEMA's new system of records should be exempt from the public disclosure component of the Privacy Act to further ensure national security and to add a necessary exemption to an act that seeks to protect individuals through information control.” The private individual further stated “this proposed rule shouldn't be seen as undermining an individual's right to disclosure of information that involves them, but rather a necessary exemption to ensure national safety * * *. The proposed rule justifiably exempts the DHS/FEMA from disclosure in order to achieve national security goals that will protect citizens from growing homeland threats.” SORN DHS/FEMA received one public comment on the SORN from an anonymous individual who noted “the Notice for the Department of Homeland Security/Federal Emergency Management Agency—012 Suspicious Activity Reporting System of Records should reflect that the effort is part of the larger, federal-wide Nationwide Suspicious Activity Reporting Initiative and that SARs are reported in accordance with ISE SAR Functional Standard 1.5.” The drafting of the SORN was intended to be broad enough to allow for changes and fluctuation in the Nationwide SAR Initiative as well as implementation at DHS and FEMA. Plans are underway to centralize reporting within DHS of all suspicious activity that meets the Information Sharing Environment

(ISE)Functional Standard. Once those plans are put into place, FEMA Office of the Chief Security Officer

(OSCO)special agents and/or analysts will enter all vetted SARs into the DHS ISE SAR Vetting Tool

(SVT)instead of the FBI e-Guardian system, as stated in the DHS/FEMA/PIA-018 Suspicious Activity Reporting

(SAR)Privacy Impact Assessment

(PIA)published on September 9, 2011. After consideration of public comments, the Department decided to remove reference to protection of the president and will implement the rulemaking as described below. List of Subjects in 6 CFR Part 5 Freedom of information; Privacy. For the reasons stated in the preamble, DHS/FEMA 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 “67”: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 67. The DHS/FEMA-012 Suspicious Activity Reporting System of Records consists of electronic and paper records and will be used by DHS/FEMA and its components. The DHS/FEMA—012 Suspicious Activity Reporting System of Records is a repository of information held by DHS/FEMA to serve its mission to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards. This system also supports certain other DHS/FEMA 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/FEMA-012 Suspicious Activity Reporting System of Records contains information that is collected by, on behalf of, in support of, or in cooperation with DHS/FEMA and its components and may contain personally identifiable information collected by other federal, state, local, tribal, foreign, or international government agencies. The Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2); (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 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/FEMA 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/FEMA 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/FEMA is not required to establish requirements, rules, or procedures with respect to such access. Providing notice to individuals with respect to existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access and view records pertaining to themselves in the system would undermine investigative efforts and reveal the identities of witnesses, and potential witnesses, and confidential informants. Dated: December 20, 2011. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2012-255 Filed 1-9-12; 8:45 am]

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