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-2012-06-07.xml --- 77 110 Thursday, June 7, 2012 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Business-Cooperative Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Firearms Disabilities for Certain Nonimmigrant Aliens, 33625-33630 2012-13762 Residency Requirements for Aliens Acquiring Firearms, 33630-33634 2012-13770 Animal Animal and Plant Health Inspection Service RULES Horse Protection Act:

Industry Organizations to Assess and Enforce Minimum Penalties for Violations, 33607-33619 2012-13759 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33745 2012-13795 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Native Employment Works Program Plan Guidance and Report Requirements, 33745-33746 2012-13812 Civil Rights Civil Rights Commission NOTICES Meetings:

Arkansas Advisory Committee, 33716 2012-13788 Coast Guard Coast Guard RULES Carbon Dioxide Fire Suppression Systems on Commercial Vessels, 33860-33894 2012-12334 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 33724 2012-13970 Defense Department Defense Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33724-33725 2012-13790 Drug Drug Enforcement Administration NOTICES Decisions and Orders: Pharmboy Ventures Unlimited, Inc., 33770-33772 2012-13805 Education Department Education Department NOTICES Applications for New Awards: Disability and Rehabilitation Research Projects and Centers Program; National Data and Statistical Center for the Burn Model Systems, 33725-33729 2012-13863 Disability and Rehabilitation Research Projects and Centers Program:

National Data and Statistical Center for the Burn Model Systems, 33729-33732 2012-13858 Meetings: National Board for Education Sciences, 33732-33733 2012-13884 Employment and Training Employment and Training Administration NOTICES States Triggering On or Off in the Emergency Unemployment Compensation 2008 and Federal-State Extended Benefits Programs, 33773-33774 2012-13836 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans:

Illinois; Consumer Products and AIM Rules, 33659-33661 2012-13447 Regional Haze: Revisions to Provisions Governing Alternatives to Source-Specific Best Available Retrofit Technology, etc., 33642-33659 2012-13693 PROPOSED RULES National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines: New Source Performance Standards for Stationary Internal Combustion Engines, 33812-33857 2012-13193 NOTICES Regulation of Fuel and Fuel Additives: Modification to Octamix Waiver (TXCeed), 33733-33735 2012-13823 Executive Office of the President See Presidential Documents Federal Accounting Federal Accounting Standards Advisory Board NOTICES Statement of Federal Financial Accounting Standard 43, 33735 2012-13785 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Alpha Aviation Concept Limited (Type Certificate previously held by Alpha Aviation Design Limited) Airplanes, 33622-33624 2012-13558 The Boeing Company Airplanes, 33619-33622 2012-13554 PROPOSED RULES Establishments of Class E Airspace: Arcadia, FL, 33685-33687 2012-13838 Fort Morgan, CO, 33687-33688 2012-13842 NOTICES Passenger Facility Charge Approvals and Disapprovals, 33805-33806 2012-13690 Federal Communications Federal Communications Commission RULES Review of the Emergency Alert System, 33661-33662 2012-13789 Structure and Practices of the Video Relay Service Program, 33662 2012-13791 PROPOSED RULES Universal Service Contribution Methodology;

A National Broadband Plan for Our Future, 33896-33944 2012-13611 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33735-33736 2012-13731 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 33736-33737 2012-13929 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 33737 2012-13814 Financial Crimes Financial Crimes Enforcement Network RULES Amendment to the Bank Secrecy Act Regulations:

Exemption from Requirement to Report Transactions in Currency, 33638-33640 2012-13781 Requirement that Clerks of Court Report Certain Currency Transactions, 33635-33637 2012-13783 Fiscal Fiscal Service RULES U.S. Treasury Securities--State and Local Government Series, 33634-33635 2012-13779 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bald Eagle Post-Delisting Monitoring, 33765-33766 2012-13793 Wildlife and Sport Fish Grants and Cooperative Agreements, 33764-33765 2012-13792 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Medical Device Reporting; Manufacturer, Importer, User Facility, and Distributor Reporting, 33746-33748 2012-13832 International Conference on Harmonisation: Guidance on S2(R1) Genotoxicity Testing and Data Interpretation for Pharmaceuticals Intended for Human Use, 33748-33749 2012-13774 Foreign Trade Foreign-Trade Zones Board NOTICES Expansions of Subzones: Marathon Petroleum Co., Foreign-Trade Zone 70, Detroit, MI, 33716-33717 2012-13861 Forest Forest Service NOTICES Newspapers Used for Publication of Legal Notices by the Intermountain Region:

Utah, Idaho, Nevada, and Wyoming, 33703-33704 2012-13798 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Findings of Research Misconduct; Correction, 33737 2012-13829 Requirements and Registration for Blue Button Mash Up Challenge, 33737-33739 2012-13819 Requirements and Registration for Health Data Platform Metadata Challenge, 33739-33740 2012-13826 Requirements and Registration for Health Data Platform Simple Sign-On Challenge, 33740-33742 2012-13830 Requirements and Registration for My Air, My Health Challenge, 33742-33745 2012-13834 Health Resources Health Resources and Services Administration NOTICES Extension of Support Period:

Frontier Extended Stay Clinic Cooperative Agreement; SouthEast Alaska Regional Health Consortium, 33749-33750 2012-13831 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Privacy Act; Implementation of Exemptions, 33605-33607 2012-13778 PROPOSED RULES Privacy Act; Implementation of Exemptions, 33683-33685 2012-13815 NOTICES Privacy Act; Systems of Records, 33753-33758 2012-13813 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Public Housing Capital Fund Program, 33760-33761 2012-13777 Privacy Act; Systems of Records, 33761-33763 2012-13776 Industry Industry and Security Bureau PROPOSED RULES Export Administration Regulations: Control of Personal Protective Equipment, Shelters, and Related Items the President Determines No Longer Warrant Control Under the Munitions List, 33688-33698 2012-13745 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau See Special Trustee for American Indians Office NOTICES Requests for Nominations:

Exxon Valdez Oil Spill Trustee Council, 33763-33764 2012-13821 Internal Revenue Internal Revenue Service NOTICES Meetings: Art Advisory Panel, 33810 2012-13780 International Trade Com International Trade Commission NOTICES Investigations: Certain Polyimide Films, Products Containing Same, and Related Methods, 33768-33769 2012-13718 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration NOTICES Lodging of Consent Decrees under CERCLA, 33769 2012-13761 Lodging of Second Amendment to First Amended Consent Decree under the Clean Water Act, 33769-33770 2012-13827 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Voluntary Fiduciary Correction Program, 33772-33773 2012-13748 Land Land Management Bureau NOTICES Meetings: Wyoming Resource Advisory Council, 33766 2012-13782 Merit Merit Systems Protection Board PROPOSED RULES Practices and Procedures, 33663-33683 2012-13655 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance: Hyundai Motor Co., 33807-33808 2012-13801 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 33751-33752 2012-13851 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 33751 2012-13850 National Cancer Institute, 33750 2012-13837 National Center for Advancing Translational Sciences, 33752-33753 2012-13844 National Institute of Diabetes and Digestive and Kidney Diseases, 33750-33752 2012-13845 2012-13846 2012-13847 National Institute of Nursing Research, 33752 2012-13848 National Mediation National Mediation Board PROPOSED RULES Representation Procedures and Rulemaking Authority;

Correction, 33701-33702 2012-13849 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 33717-33718 2012-13854 Requests for Applications: Stellwagen Bank National Marine Sanctuary Council, 33718 2012-13691 Taking and Importing Marine Mammals: Navy Training Exercises in the Mariana Islands Range Complex, 33718-33724 2012-13852 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Education and Human Resources Project Monitoring Clearance, 33774-33776 2012-13820 National Transportation National Transportation Safety Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33776 2012-13786 Meetings: General Aviation Safety Forum; Climbing to the Next Level, 33777 2012-13787 Nuclear Regulatory Nuclear Regulatory Commission RULES Certification of Substance Abuse Experts, 33619 2012-13807 NOTICES Interim Staff Guidance:

Order Modifying Licenses with Regard to Reliable Hardened Containment Vents, 33777-33778 2012-13806 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation, 33780-33782 2012-13811 Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events, 33779-33780 2012-13810 License Amendment to Construct and Operate New In Situ Leach Uranium: Uranium One Americas; Ludeman, 33782-33786 2012-13809 NRC Enforcement Policy Revision, 33786-33788 2012-13808 Postal Regulatory Postal Regulatory Commission NOTICES Proposed Post Office Structure Plan, 33788-33790 2012-13775 Postal Service Postal Service RULES International Service Change;

Timor-Leste, 33640-33642 2012-13637 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: African-American Music Appreciation Month (Proc. 8832), 33595-33596 2012-13944 Great Outdoors Month (Proc. 8833), 33597-33598 2012-13947 Lesbian, Gay, Bisexual, and Transgender Pride Month (Proc. 8834), 33599-33600 2012-13949 National Caribbean-American Heritage Month (Proc. 8835), 33601-33602 2012-13950 National Oceans Month (Proc. 8836), 33603-33604 2012-13954 Public Debt Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33766-33767 2012-13797 Research Innovative Research and Innovative Technology Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Airline Service Quality Performance, 33808-33809 2012-13803 Report of Passengers Denied Confirmed Space, 33808 2012-13802 Rural Business Rural Business-Cooperative Service NOTICES Applications for Rural Business Opportunity Grants, 33704-33709 2012-13835 Applications for Rural Cooperative Development Grants, 33709-33716 2012-13833 Securities Securities and Exchange Commission NOTICES Applications:

Hennion and Walsh, Inc. and Smart Trust, 33790-33793 2012-13769 Meetings; Sunshine Act, 33793 2012-13965 Orders of Suspension of Trading: Future Now Group, Inc., and Gammacan International, Inc., 33794 2012-13931 Optimized Transportation Management, Inc., 33793-33794 2012-13933 True Product ID, Inc., 33794 2012-13932 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 33798-33800 2012-13765 BATS-Y Exchange, Inc., 33800-33801 2012-13764 Chicago Board Options Exchange, Inc., 33802-33805 2012-13763 International Securities Exchange, LLC, 33794 2012-13768 NASDAQ OMX PHLX LLC, 33796-33798 2012-13766 Options Clearing Corp., 33794-33796 2012-13767 Special Trustee Special Trustee for American Indians Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application to Withdraw Tribal Funds from Trust Status, 33767-33768 2012-13857 State Department State Department PROPOSED RULES International Traffic in Arms Regulations: Revision of U.S. Munitions List Category X, 33698-33701 2012-13744 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration Treasury Treasury Department See Financial Crimes Enforcement Network See Fiscal Service See Internal Revenue Service RULES Extension of Import Restrictions Imposed on Archaeological and Ethnological Materials from Peru, 33624-33625 2012-13859 NOTICES Survey of Foreign Ownership of U.S.

Securities as of June 30, 2012, 33809-33810 2012-13853 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of Grounds of Inadmissibility, 33759-33760 2012-13816 Petition by Entrepreneur to Remove Conditions, 33758-33759 2012-13784 Sworn Statement of Refugee Applying for Admission to the United States, 33760 2012-13796 Customs U.S. Customs and Border Protection RULES Extension of Import Restrictions Imposed on Archaeological and Ethnological Materials from Peru, 33624-33625 2012-13859 Separate Parts In This Issue Part II Environmental Protection Agency, 33812-33857 2012-13193 Part III Homeland Security Department, Coast Guard, 33860-33894 2012-12334 Part IV Federal Communications Commission, 33896-33944 2012-13611 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. 77 110 Thursday, June 7, 2012 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2011-0057] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Office of Operations Coordination and Planning—003 Operations Collection, Planning, Coordination, Reporting, Analysis, and Fusion 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 Office of Operations Coordination and Planning-003 Operations Collection, Planning, Coordination, Reporting, Analysis, and Fusion System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the 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 June 7, 2012. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Michael Page (202-357-7626), Privacy Point of Contact, Office of Operations Coordination and Planning, Department of Homeland Security, Washington, DC 20528. 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)Office of Operations Coordination and Planning

(OPS)published a notice of proposed rulemaking

(NPRM)in the **Federal Register** , on November 15, 2010 at 75 FR 69604, 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/OPS-003 Operations Collection, Planning, Coordination, Reporting, Analysis, and Fusion System of Records.” The DHS/OPS-003 Operations Collection, Planning, Coordination, Reporting, Analysis, and Fusion system of records notice

(SORN)was published concurrently in the **Federal Register** on November 15, 2010 at 75 FR 69689, and comments were invited on both the NPRM and SORN. Public Comments DHS/OPS received three comments on the NPRM and three comments on the SORN for a total of six comments. Comments on the NPRM DHS/OPS received three comments on the NPRM. The first NPRM comment was from an anonymous individual seeking to state an opinion and requested no specific action or amendment related to the proposed rulemaking. The second NPRM comment was from an anonymous individual supporting the proposed rulemaking. The third NPRM comment was from a public interest organization that filed comments on the NPRM and SORN jointly in a comingled fashion and the comments on the SORN and NPRM are addressed as the second SORN comment below. Comments on the SORN DHS/OPS also received three comments on the SORN. The first SORN comment was from a media and academic partnership and included the following points:

(1)It is difficult for the public to comment on the merits of the proposed rulemaking because so little information is available on fusion centers;

(2)the government has failed to make available information requested under FOIA (an issue unrelated to this proposed rulemaking);

(3)the proposed system does not adequately protect the public's privacy;

(4)the new system will impose significant costs (an issue unrelated to this proposed rulemaking);

(5)there is fusion center mission creep (an issue unrelated to this proposed rulemaking); and

(6)there are privacy violations in fusion center guidelines (an issue unrelated to this proposed rulemaking). Many of the points raised by this commenter were unrelated to the proposed rulemaking, but the Department will address the above comments in whole. The commenter states that there is “insufficient public information available on fusion centers for the public to adequately evaluate the effect of the proposed information collection system” and “the expense, mission creep, and privacy effects of the proposed database.” In response to the issues raised by this commenter regarding fusion centers:

(1)Information on fusion centers can be found on the Department's Web page at *www.dhs.gov* and in the DHS/ALL/PIA-011 Department of Homeland Security State, Local, and Regional Fusion Center Initiative Privacy Impact Assessment (PIA), December 11, 2008. This PIA provides a detailed discussion and privacy analysis on fusion centers and is available at *www.dhs.gov/privacy;*

(2)the Department is and will continue to be responsive to FOIA requests. FOIA requests may be sent to the Chief Privacy Officer and Chief Freedom of Information Act Officer, Department of Homeland Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC 20528; and

(3)the privacy protections of information collected by fusion centers is covered by privacy policies of the fusion center. This DHS/OPS-003 Operations Collection, Planning, Coordination, Reporting, Analysis, and Fusion System of Records is not the system of records exclusively covering information collections by fusion centers. This system of records would only cover information sent to the NOC by fusion centers, as well as other information collections beyond information sent to the NOC by fusion centers. Components of the Department receiving information from fusion centers use their own SORNs on a component-by-component basis and those SORNs can be found at *www.dhs.gov/privacy.* Each of the officially-designated and operational fusion centers have privacy policies that have been found by DHS to be “at least as comprehensive” as the federal guidelines for protecting privacy within the Information Sharing Environment. Many of these policies are published on the National Fusion Center Association's public Web site at *http://www.nfcausa.org.* With respect to points 4, 5, and 6, above these are not related to this rulemaking. This NPRM and SORN do not seek to establish a new information technology

(IT)database or to collect new information; rather this NPRM and SORN provide transparency to OPS practices by pulling together a variety of already existing records for a single purpose under a specific authority. It is also worth clarifying that this NPRM and SORN do not exclusively cover fusion centers for the Department, although the National Operations Center

(NOC)may receive information from a fusion center. Such information may be covered by this NPRM and SORN. Neither the NOC nor OPS is a “Fusion Center.” The purpose of this system of records and its authority are mandated by law (6 U.S.C. 321d) to be “the principal operations center for the Department of Homeland Security.” Through the NOC, OPS provides real-time situational awareness and a common operating picture to the Department's leadership and senior management. The second SORN comment was from a public interest research center that filed comments on the NPRM and SORN jointly in a comingled fashion and both are addressed in this section. The commenter raised concerns about:

(1)Unusually broad purpose;

(2)unusually broad authority and sharing;

(3)contradictory statements about fusion centers as state and local entities (an issue unrelated to this proposed rulemaking);

(4)taking Privacy Act exemptions where disclosure from the individual is withheld;

(5)removing the use of the Privacy Act exemptions that address “relevant and necessary;”

(6)the new fusion center PIA (an issue unrelated to this proposed rulemaking); and

(7)the new suitable retention and disposal standards. Finally, the commenter recommends the creation of an independent oversight mechanism to prevent mission creep and uphold reporting requirements (an issue unrelated to this proposed rulemaking). In response to the comment on broad purpose, authority, and sharing of this system of records (1 and 2 above), the Department notes that the NOC is authorized by law to be “the principal operations center for the Department of Homeland Security,” (6 U.S.C. 321d) and this system of records allows the NOC to fulfill this mission. Through the NOC, OPS provides real-time situational awareness and a common operating picture to the Department leadership and senior management. The NOC operates 24 hours a day, seven days a week, and 365 days a year and coordinates information sharing to help deter, detect, and prevent terrorist acts and to manage domestic incidents. With regards to point 3, DHS is not being contradictory on the nature of fusion centers, which are state and local entities. This system of records may maintain information received from fusion centers, but only when that information is sent to the NOC by fusion centers. Additional information on fusion centers can be found on the Department's Web page at *www.dhs.gov* and in the DHS/ALL/PIA-011 Department of Homeland Security State, Local, and Regional Fusion Center Initiative PIA, December 11, 2008, which addresses privacy analysis on fusion centers and is available at *www.dhs.gov/privacy.* DHS' decision to take exemptions to the Privacy Act (point 4) are appropriate given the law enforcement nature of the collection and the concern that providing access may give individuals the ability to contravene legitimate law enforcement activities. DHS also notes that as a matter of policy it reviews all Privacy Act requests to determine whether or not it can provide access to the information. With regards to the comments concerns regarding exemptions from the “relevant and necessary” standard (point 5), sufficient means do exist to verify the accuracy of the data and ensure that incorrect data is not used against an individual. System users are trained to verify information obtained from the NOC before including it in any analytical reports. Verification procedures include direct queries to the source databases from which the information was originally obtained, queries of commercial or other government databases when appropriate, and interviews with individuals or others who are in a position to confirm the data. These procedures mitigate the risk posed by inaccurate data in the system and raise the probability that such data will be identified and corrected before any action is taken against an individual. In addition, the source systems from which the NOC obtains information may, themselves, have mechanisms in place to ensure the accuracy of the data prior to the information being shared, as outlined in the ISE. The commenter expressed concern about the DHS/ALL/PIA-011 Department of Homeland Security State, Local, and Regional Fusion Center Initiative PIA, December 11, 2008 (point 6) and whether it was accurate given this system of records notice. As noted above, this system of records does not cover fusion centers, but may receive information from fusion centers if it is relevant to the purpose of this system of records and the mission of OPS. This PIA is currently under review for possible update as required by law. The commenter expressed concern about the records retention and disposal standards. DHS has an updated records schedule approved by NARA for records contained in this system of records, Steady state (normal day-to-day) records are kept for five years and destroyed. All records that become part of a Phase 2 or 3 event are transferred to the National Archives five years after the event or case is closed for permanent retention in the National Archives (NARA schedule N1-563-11-010). Finally, the commenter recommended that the Department establish additional independent oversight for fusion centers beyond what currently exists at the Department. This is outside the purview of this rulemaking. The third and final comment is from a private individual. This individual wrote to the Department to explain the circumstances related to this individual's arrest by a state law enforcement authority resulting in what this individual believes to be faulty information received from a state intelligence center. The individual goes on to detail issues related to the state's fusion center as it applied to this individual's case. The individual requested no specific action or amendment related to the proposed rulemaking and the individual's comments were unrelated to the proposed rulemaking. After careful consideration of public comments, the Department will implement the rulemaking as proposed, additionally the Department will not update the Systems of Records Notice. 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 “68”: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 68. The DHS OPS-003 Operations Collection, Planning, Coordination, Reporting, Analysis, and Fusion System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS OPS-003 Operations Collection, Planning, Coordination, Reporting, Analysis, and Fusion System of Records is a repository of information held by DHS to serve its several and varied missions and functions. 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; 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 OPS-003 Operations Collection, Planning, Coordination, Reporting, Analysis, and Fusion 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)(1), (k)(2), (k)(3): 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) (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 and Amendment) 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 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: June 1, 2012. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2012-13778 Filed 6-6-12; 8:45 am]

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