Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-08-10.xml --- 77 155 Friday, August 10, 2012 Contents Administrative Administrative Conference of the United States NOTICES Adoption of Recommendations, 47800-47812 2012-19690 Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: Advisory Council on Healthcare Research and Quality, Subcommittee on Quality Measures for Children's Healthcare, 47847 2012-19470 Agriculture Agriculture Department See Forest Service Air Force Air Force Department NOTICES Environmental Impact Statements;

Availability, etc.: F35A Training Basing, 47826 2012-19674 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act: Cooperative Research Group on Clean Diesel VI, 47882 2012-19599 Antitrust See Antitrust Division Army Army Department See Engineers Corps NOTICES Requests for Nominations: Inland Waterways Users Board, 47826-47827 2012-19622 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Meetings:

Ocean Energy Safety Advisory Committee, 47864 2012-19600 Census Bureau Census Bureau PROPOSED RULES Population Estimates Challenge Program; Resumption and Proposed Changes, 47783-47787 2012-19672 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47847-47850 2012-19675 2012-19679 Meetings: Board of Scientific Counselors, National Institute for Occupational Safety and Health, 47850 2012-19248 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47850-47853 2012-19605 2012-19606 2012-19694 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 47814-47815 2012-19750 Coast Guard Coast Guard PROPOSED RULES Drawbridge Operations: Atlantic Intracoastal Waterway, Newport River, Morehead City, NC, 47787-47789 2012-19602 Sacramento River, CA, 47789-47792 2012-19601 Schuylkill River, Philadelphia, PA, 47792-47794 2012-19603 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47815 2012-19683 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 47822-47823 2012-19656 2012-19657 Consumer Product Consumer Product Safety Commission NOTICES Complaints: Zen Magnets, LLC, 47823-47826 2012-19693 Meetings; Sunshine Act, 47826 2012-19786 Defense Department Defense Department See Air Force Department See Army Department See Engineers Corps PROPOSED RULES Federal Acquisition Regulations:

Small Business Set Asides for Research and Development Contracts, 47797-47799 2012-19628 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Hawai'i Clean Energy, 47828-47831 2012-19647 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Kissimmee Basin Modified Water Control Plan, Okeechobee, Highlands, Polk, Osceola and Orange Counties, FL, 47827-47828 2012-19623 Environmental Protection Environmental Protection Agency RULES Final Authorizations of State Hazardous Waste Management Program Revisions:

Arkansas, 47779-47782 2012-19309 Protection of Stratospheric Ozone: Determination 27 for Significant New Alternatives Policy Program, 47768-47779 2012-19688 PROPOSED RULES Final Authorizations of State Hazardous Waste Management Program Revisions: Arkansas, 47797 2012-19306 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated Superfund Information Collection Requests, 47835-47838 2012-19719 Delegations of Authority: West Virginia;

Implementation and Enforcement of Additional or Revised National Emission Standards, etc., 47838-47839 2012-19685 Environmental Impact Statements; Weekly Receipt; Availability, 47839-47840 2012-19687 Settlements under CERCLA: American Drum and Pallet Co. Site, Memphis, TN, 47840 2012-19425 Executive Office of the President See Trade Representative, Office of United States Export Import Export-Import Bank NOTICES Economic Impact Policy, 47840 2012-19632 Federal Aviation Federal Aviation Administration NOTICES Direction Finder Availability in Alaska, 47911-47912 2012-19590 Petition for Exemptions;

Summary of Petitions Received, 47912-47913 2012-19417 Waivers of Aeronautical Land-use Assurances: Southern Illinois Airport, Carbondale, IL, 47913 2012-19582 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Suspicious Activity Report, 47840-47841 2012-19655 Updated Listing of Financial Institutions in Liquidation, 47841 2012-19638 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations;

Correction, 47859-47860 2012-19553 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 47831-47835 2012-19616 2012-19617 2012-19618 2012-19619 2012-19620 2012-19621 2012-19673 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47841-47843 2012-19595 Changes in Bank Control; Acquisitions of Shares of a Bank or Bank Holding Company, 47843-47844 2012-19641 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 47844 2012-19640 Federal Trade Federal Trade Commission NOTICES Consent Agreements:

Renown Health, 47844-47846 2012-19591 Federal Transit Federal Transit Administration NOTICES Funding Opportunities: National Research Program; National Center for Mobility Management, 47913-47914 2012-19573 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application and Performance Reporting for Wildlife and Sport Fish Restoration Grants and Cooperative Agreements, 47864-47866 2012-19680 Endangered and Threatened Wildlife and Plants:

Incidental Take Permit Applications; Reed Motors Inc., and Clermont Land Development LLC, Lake County, FL, 47866-47867 2012-19713 Food and Drug Food and Drug Administration NOTICES Requests for Nonvoting Industry Representatives, Industry Involvement in Selection Processes: Pediatric Advisory Committee, 47853-47854 2012-19639 Foreign Assets Foreign Assets Control Office NOTICES General Licenses Related to the Burma Sanctions Program, 47922-47924 2012-19660 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Expansion and Reorganization under Alternative Site Framework:

Onondaga County, New York, Foreign-Trade Zone 90, 47815-47816 2012-19678 Establishment of Foreign-Trade Zones under Alternative Site Framework: Miami-Dade County, FL, 47816 2012-19684 Subzone Applications: TST NA TRIM, LLC, Foreign-Trade Zone 12, McAllen, TX, 47816 2012-19681 Forest Forest Service NOTICES Meetings: Florida National Forests Resource Advisory Committee, 47814 2012-19543 Fremont and Winema Resource Advisory Committee, 47814 2012-19633 Sanders County Resource Advisory Committee, 47813 2012-19379 Sitka Resource Advisory Committee, 47813-47814 2012-19456 Yakutat Resource Advisory Committee, 47812-47813 2012-19558 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations:

Small Business Set Asides for Research and Development Contracts, 47797-47799 2012-19628 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47867-47868 2012-19626 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Administrative Simplification:

Health Care Electronic Funds Transfers and Remittance Advice Transactions, 48008-48044 2012-19557 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47854-47857 2012-19653 2012-19662 2012-19665 Meetings: Advisory Committee on Heritable Disorders in Newborns and Children, 47857 2012-19654 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency RULES Privacy Act:

Implementation of Exemptions: DHS/CBP-017 Analytical Framework for Intelligence System of Records, 47767-47768 2012-19336 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hispanic-Serving Institutions Assisting Communities, 47861 2012-19666 Federal Properties Suitable as Facilities to Assist Homeless, 47861-47862 2012-19327 Indian Affairs Indian Affairs Bureau NOTICES Indian Entities Recognized and Eligible to Receive Services, 47868-47873 2012-19588 Meetings:

Advisory Board for Exceptional Children, 47873-47874 2012-19598 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau NOTICES National Environmental Policy Act: Implementing Procedures; Addition to Categorical Exclusions for Bureau of Indian Affairs, 47862-47864 2012-19648 Internal Revenue Internal Revenue Service PROPOSED RULES Additional Requirements for Charitable Hospitals;

Correction, 47787 2012-19589 NOTICES Privacy Act; Systems of Records, 47930-48006 2012-19325 International Trade Adm International Trade Administration NOTICES Antidumping Duty Changed Circumstances Reviews: Certain Pasta from Italy, 47816-47817 2012-19692 International Trade Com International Trade Commission NOTICES U.S.-Trans-Pacific Partnership Free Trade Agreement Including Canada and Mexico: Economic Effect of Duty-Free Treatment for Imports, 47880-47882 2012-19636 Justice Department Justice Department See Antitrust Division Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Filing of Plats of Survey:

Arizona, 47874 2012-19676 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations: Small Business Set Asides for Research and Development Contracts, 47797-47799 2012-19628 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47914-47915 2012-19677 Petitions for Temporary Exemption from Electronic Stability Control Requirements: Wheego Electric Cars, Inc., 47915-47918 2012-19720 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Usage of Elevators for Occupant Evacuation Questionnaire, 47817-47818 2012-19624 National Institute National Institutes of Health NOTICES Meetings: National Deafness and Other Communication Disorders, 47859 2012-19696 National Heart, Lung, and Blood Institute, 47858-47859 2012-19699 National Institute of General Medical Sciences, 47857-47858 2012-19695 Office of the Director, National Institutes of Health, 47858 2012-19712 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals Socioeconomics of Commercial Fishers and For Hire Diving and Fishing Operations, Flower Garden Banks National Marine Sanctuary, 47818-47819 2012-19682 Meetings: Mid-Atlantic Fishery Management Council, 47820 2012-19630 Pacific Fishery Management Council, 47820 2012-19631 U.S. Integrated Ocean Observing System Advisory Committee, 47819-47820 2012-19759 National Park National Park Service NOTICES National Register of Historic Places: Identifying, Evaluating, Documenting Traditional Cultural Properties and Native American Landscapes, 47875-47876 2012-19594 Pending Nominations and Related Actions, 47874-47875 2012-19597 National Science National Science Foundation NOTICES Meetings:

Advisory Panel for Integrative Activities, 47885 2012-19459 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Lead in Construction Standard, 47883-47885 2012-19650 Lead in General Industry Standard, 47882-47883 2012-19649 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Potential Commercial Wind Lease Issuance and Approval of Construction and Operations Plan Offshore Maine, 47876-47877 2012-19592 Potential Commercial Leasing:

Wind Power on the Outer Continental Shelf Offshore Maine, 47877-47880 2012-19593 Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Invention Promoters; Promotion Firms Complaints, 47820-47822 2012-19625 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 47885-47886 2012-19663 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: C2 Options Exchange, Inc., 47902-47905 2012-19609 Chicago Board Options Exchange, Inc., 47887-47891 2012-19610 2012-19612 Depository Trust Co., 47898-47899 2012-19579 EDGX Exchange, Inc., 47899-47902 2012-19611 International Securities Exchange, LLC, 47897-47898 2012-19613 NASDAQ OMX BX, Inc., 47886-47887 2012-19607 NASDAQ OMX PHLX LLC, 47894-47896 2012-19667 NASDAQ Stock Market LLC, 47896-47897 2012-19629 New York Stock Exchange LLC, 47891-47893 2012-19614 NYSE Arca, Inc., 47905-47907 2012-19608 Small Business Small Business Administration NOTICES Disaster Declarations:

District of Columbia, 47907-47908 2012-19669 Montana, 47907 2012-19670 New Mexico; Amendment 1, 47907 2012-19671 West Virginia; Amendment 1, 47908 2012-19668 Major Disaster Declarations: Minnesota, 47908 2012-19637 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47908-47910 2012-19615 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Chicago Central and Pacific Railroad Co., Cook County, IL, 47918 2012-19642 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Released Rates, 47918-47921 2012-19596 Control Exemption Continuances: Watco Holdings, Inc., of Pecos Valley Permian Railroad, LLC, 47921 2012-19651 Lease Exemptions: Pecos Valley Permian Railroad, LLC, et al., from Pecos Valley Southern Railway Co., 47921-47922 2012-19646 Trackage Rights Exemptions: CSX Transportation, Inc., from Norfolk Southern Railway Co., 47922 2012-19643 Northern Lines Railway, Inc. to BNSF Railway Co., 47922 2012-19644 Trade Representative Trade Representative, Office of United States NOTICES Andean Trade Preference Act; 2012 Annual Review, 47910-47911 2012-19576 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department PROPOSED RULES Diseases Associated With Exposure to Certain Herbicide Agents:

Peripheral Neuropathy, 47795-47797 2012-19634 NOTICES Determinations Concerning Illnesses Discussed in National Academy of Sciences Report: Veterans and Agent Orange, Update 2010, 47924-47928 2012-19635 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 47930-48006 2012-19325 Part III Health and Human Services Department, 48008-48044 2012-19557 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. 77 155 Friday, August 10, 2012 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2011-0114] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S.

Customs and Border Protection, DHS/CBP—017 Analytical Framework for Intelligence

(AFI)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/U.S. Customs and Border Protection, DHS/CBP—017 Analytical Framework for Intelligence

(AFI)System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the “Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP—017 Analytical Framework for Intelligence

(AFI)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 August 10, 2012. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Laurence E. Castelli (202-325-0280), CBP Privacy Officer, Office of International Trade, U.S. Customs and Border Protection, Mint Annex, 799 Ninth Street NW., Washington, DC 20229. For privacy issues please contact: Mary Ellen Callahan (202-343-4010), Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: Background The Department of Homeland Security

(DHS)U.S. Customs and Border Protection

(CBP)published a notice of proposed rulemaking in the **Federal Register** , 77 FR 33683 (June 7, 2012) proposing to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. The system of records is the DHS/CBP—017 Analytical Framework for Intelligence

(AFI)System of Records. The DHS/CBP—017 Analytical Framework for Intelligence

(AFI)system of records notice was published concurrently in the **Federal Register,** 77 FR 33753, June 7, 2012, and comments were invited on both the Notice of Proposed Rulemaking

(NPRM)and System of Records Notice (SORN). Public Comments DHS received no comments with respect to the NPRM and five submissions commenting on the SORN. NPRM DHS received no comments on the NPRM. SORN DHS received twelve distinct comments from four individuals in response to the SORN. *Comment:* DHS/CBP received two comments inquiring as to whether or not the results generated from AFI will be released to the public, or if applicable, a statement from DHS that all of the expected results generated will not be permitted to be disclosed to the public. *Response:* DHS/CBP has taken an exemption from the access provisions of the Privacy Act for the information created in AFI. The applicability of this exemption will be reviewed in the context of each request for access. DHS/CBP separately may share information generated through AFI with the public, or specific members of the public, in accordance with three specific routine uses identified in the AFI SORN: routine use K where the member of the public is a possible informant; routine use O where the member of the public is possible target of terrorist activity; and routine use Q where the DHS Chief Privacy Officer in consultation with the Office of General Counsel identifies a legitimate public interest in the disclosure of information. In all instances, application of a particular routine use is subject to the limitations set forth in each respective routine use. *Comment:* DHS/CBP received one comment requesting the name of the Congressional oversight committees that will have access to the information concerning AFI. *Response:* DHS/CBP has briefed the House Permanent Select Committee on Intelligence, the Senate Select Committee on Intelligence, and the House Committee on Homeland Security on AFI. These Committees and the Senate Committee on Homeland Security and Government Affairs retain jurisdiction over the purpose and mission of AFI and will receive future briefings upon request and as appropriate. See 5 U.S.C. § 552a(6). The Committees and their staff will not have regular log-in access to AFI. *Comment:* DHS/CBP received nine comments related to the staffing requirements, capital costs, and operating costs of AFI and the length of time the system is expected to operate before it must be replaced with new technologies. *Response:* This information can be found on the Federal IT Dashboard available through the following link: *http://www.itdashboard.gov/investment?buscid=315* . After consideration of public comments, the Department will implement the rulemaking as proposed. List of Subjects in 6 CFR Part 5 Freedom of information; Privacy. For the reasons stated in the preamble, DHS 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 reads as follows: Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 *et seq.;* 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 “69”: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 69. The DHS/CBP—017 Analytical Framework for Intelligence

(AFI)System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/CBP—017 Analytical Framework for Intelligence

(AFI)System of Records is a repository of information held by DHS to enhance DHS's ability to: Identify, apprehend, and/or prosecute individuals who pose a potential law enforcement or security risk; aid in the enforcement of the customs and immigration laws, and other laws enforced by DHS at the border; and enhance United States security. This system also supports certain other DHS programs whose functions include, but are not limited to, the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; and national security and intelligence activities. The DHS/CBP—017 Analytical Framework for Intelligence

(AFI)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.

(a)The Secretary of Homeland Security has exempted this system from certain provisions of the Privacy Act as follows:

(1)Pursuant to 5 U.S.C. 552a(j)(2), the system is exempt from 5 U.S.C. 552a(c)(3) and (c)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g).

(2)Pursuant to 5 U.S.C. 552a(j)(2), the system (except for any records that were ingested by AFI where the source system of records already provides access and/or amendment under the Privacy Act) is exempt from 5 U.S.C. 552a(d)(1), (d)(2), (d)(3), and (d)(4).

(3)Pursuant to 5 U.S.C. 552a(k)(1), the system is exempt from 5 U.S.C. 552a(c)(3); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).

(4)Pursuant to 5 U.S.C. 552a(k)(1), the system is exempt from (d)(1), (d)(2), (d)(3), and (d)(4).

(5)Pursuant to 5 U.S.C. 552a(k)(2), the system is exempt from 5 U.S.C. 552a(c)(3); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).

(6)Pursuant to 5 U.S.C. 552a(k)(2),the system (except for any records that were ingested by AFI where the source system of records already provides access and/or amendment under the Privacy Act) is exempt from (d)(1), (d)(2), (d)(3), and (d)(4).

(b)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:

(1)From subsection (c)(3) and

(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.

(2)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.

(3)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 and national security, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity.

(4)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 and national security activities.

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

(6)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.

(7)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.

(8)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.

(9)From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: July 31, 2012. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2012-19336 Filed 8-9-12; 8:45 am]

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