Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-04-06.xml --- 81 66 Wednesday, April 6, 2016 Contents Agriculture Agriculture Department See Economic Research Service See Food and Nutrition Service Army Army Department NOTICES Privacy Act; Systems of Records, 19960-19961 2016-07879 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19974-19975 2016-07806 Coast Guard Coast Guard RULES Safety Zones:

Lower Mississippi River Mile 95.7 to 96.7, New Orleans, LA, 19884-19886 2016-07729 PROPOSED RULES Special Local Regulations: Bucksport/Southeastern Drag Boat Summer Championships, Atlantic Intracoastal Waterway, Bucksport, SC, 19939-19941 2016-07898 Bucksport/Southeastern Drag Boat Summer Extravaganza, Atlantic Intracoastal Waterway; Bucksport, SC, 19942-19944 2016-07891 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19961-19962 2016-07848 Economic Research Economic Research Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19951-19953 2016-07850 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Teacher Incentive Fund Application, 19962 2016-07849 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Self-Certification of Coal Capability Under the Powerplant and Industrial Fuel Use Act, 19962-19963 2016-07874 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings:

Receive Input on the U.S. Department of Energy

(DOE)Outyear Marine and Hydrokinetic Program Strategy, 19963 2016-07867 Environmental Protection Environmental Protection Agency RULES National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-Fired Electric Utility Steam Generating Units, etc., 20172-20207 2016-06563 Pesticide Tolerances: Hexythiazox, 19891-19896 2016-07661 NOTICES Requests for Nominations: Clean Air Scientific Advisory Committee and the Science Advisory Board, 19967-19969 2016-07918 Federal Aviation Federal Aviation Administration RULES Amendment of Class D Airspace: Bartow, FL, 19860-19861 2016-07783 Change of Newark Liberty International Airport

(EWR)Designation, 19861-19863 2016-07910 Establishment of Class D and Class E Airspace, and Amendment of Class E Airspace: Lake City, FL, 19858-19860 2016-07782 NOTICES Meetings: RTCA Special Committee Aeronautical Systems Security, 20049 2016-07916 RTCA Special Committee Enhanced Flight Visions Systems/Synthetic Vision Systems, 20047-20048 2016-07915 Noise Exposure Maps: LA/Ontario International Airport, Ontario, CA, 20048-20049 2016-07914 Federal Bureau Federal Bureau of Investigation NOTICES Meetings: Compact Council for the National Crime Prevention and Privacy Compact, 19994 2016-07869 Federal Communications Federal Communications Commission RULES Unlicensed -- National Information Infrastructure: Order on Reconsideration, 19896-19902 2016-07847 PROPOSED RULES Radio Broadcasting Services: Raymond, WA, 19944 2016-07888 NOTICES Meetings: Open Commission Meeting, Thursday, March 31, 2016, 19970-19971 2016-07846 Schedule Change and Deletion of Consent Agenda Items from March 31, 2016 Open Meeting, 19969-19970 2016-07844 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19971-19974 2016-07819 Terminations of Receiverships: 10084, First Piedmont Bank Winder, GA, 19971 2016-07859 10259, Metro Bank of Dade County Miami, FL, 19971 2016-07860 10342 Sunshine State Community Bank Port Orange, FL, 19971 2016-07861 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 19963-19965 2016-07857 Environmental Assessments; Availability, etc.: Transcontinental Gas Pipe Line Co., LLC, 19966-19967 2016-07853 Filings: Michigan South Central Power Agency, 19965 2016-07854 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Innovative Solar 46, LLC, 19965 2016-07855 White Pine Solar, LLC, 19965-19966 2016-07856 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 19974 2016-07890 Federal Trade Federal Trade Commission PROPOSED RULES Labeling and Advertising of Home Insulation, 19936-19939 2016-07679 Federal Transit Federal Transit Administration NOTICES Proposed Policy Statement on the Implementation of the Phased Increase in Domestic Content under the Buy America Waiver for Rolling Stock, 20049-20051 2016-07837 Public Interest Waiver of Buy America Domestic Content Requirements for Rolling Stock Procurements In Limited Circumstances, 20051-20053 2016-07836 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Eleven Distinct Population Segments of the Green Sea Turtle (Chelonia mydas); Listing and Revision of Current Listings, 20058-20090 2016-07587 U.S. Captive-bred Inter-subspecific Crossed or Generic Tigers, 19923-19931 2016-07762 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Captive Wildlife Safety Act, 19990-19991 2016-07841 Food and Drug Food and Drug Administration RULES Sanitary Transportation of Human and Animal Food, 20092-20170 2016-07330 NOTICES Charter Renewals: Bone, Reproductive and Urologic Drugs Advisory Committee, 19978-19979 2016-07908 Guidance; Availability: Inorganic Arsenic in Rice Cereals for Infants: Action Level; Supporting Document for Action Level for Inorganic Arsenic in Rice Cereals for Infants; Arsenic in Rice and Rice Products Risk Assessment: Report, 19976-19978 2016-07840 Meetings: Endocrinologic and Metabolic Drugs Advisory Committee, 19978 2016-07906 Endocrinologic and Metabolic Drugs Advisory Committee; Amendment, 19975-19976 2016-07899 Food and Nutrition Food and Nutrition Service PROPOSED RULES Supplemental Nutrition Assistance Program Promotion; Correction, 19933-19934 2016-07454 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Disqualification from Participation—Institutions and Responsible Principals/Individuals and Report of Disqualification from Participation—Individually Disqualified Responsible Principal/Individual or Day Care Home Provider, 19953-19954 2016-07913 Foreign Assets Foreign Assets Control Office RULES Burundi Sanctions Regulations, 19878-19884 2016-07851 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings: Presidential Advisory Council on HIV/AIDS, 19983 2016-07880 Health Resources Health Resources and Services Administration NOTICES Meetings: National Advisory Council on Migrant Health, 19982-19983 2016-07909 Petitions: National Vaccine Injury Compensation Program, 19979-19981 2016-07881 Statements of Organization, Functions and Delegations of Authority, 19981-19982 2016-07882 Homeland Homeland Security Department See Coast Guard RULES Privacy Act; Systems of Records, 19857-19858 2016-07896 PROPOSED RULES Privacy Act; Systems of Records: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-014 Regulatory Audit Archive System System of Records, 19932-19933 2016-07894 NOTICES Privacy Act; Systems of Records, 19985-19990 2016-07893 2016-07895 Indian Affairs Indian Affairs Bureau RULES Rights-of-Way on Indian Land, 19877-19878 2016-07868 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20054-20055 2016-07822 Tax Design Challenge; Requirements and Procedures; Correction, 20055 2016-07858 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Biaxial Integral Geogrid Products from the People's Republic of China, 19954-19955 2016-07901 Steel Wire Garment Hangers from Taiwan, 19954 2016-07903 Justice Department Justice Department See Federal Bureau of Investigation Labor Department Labor Department See Wage and Hour Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Prevailing Wage Determination, 19996-19997 2016-07887 National Medical Support Notice-Part B, 19994-19995 2016-07886 Petition Requirements and Investigative Data Collection, 19995-19996 2016-07885 Land Land Management Bureau NOTICES Meetings: Southwest Resource Advisory Council, 19991-19992 2016-07866 Plats of Surveys: Colorado, 19992 2016-07875 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards: Occupant Crash Protection, 19902-19904 2016-07828 NOTICES Petitions for Decisions of Inconsequential Noncompliance: JLG Industries, Inc., 20053-20054 2016-07872 National Institute National Institute of Standards and Technology NOTICES Meetings: National Construction Safety Team Advisory Committee, 19955 2016-07902 National Institute National Institutes of Health NOTICES Prospective Grant of an Exclusive Patent License for Commercialization: Boron Neutron Capture Therapy for Brain Tumors, 19983-19984 2016-07865 Boron Neutron Capture Therapy for Skin Cancer, 19984-19985 2016-07864 National Oceanic National Oceanic and Atmospheric Administration RULES Endangered and Threatened Species: Eleven Distinct Population Segments of the Green Sea Turtle (Chelonia mydas); Listing and Revision of Current Listings, 20058-20090 2016-07587 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 19931 2016-07905 NOTICES Taking and Importing of Marine Mammals, 19956 2016-07823 National Park National Park Service NOTICES National Register of Historic Places: Notification of Pending Nominations and Related Actions, 19992-19994 2016-07820 2016-07821 National Telecommunications National Telecommunications and Information Administration NOTICES Benefits, Challenges, and Potential Roles for the Government in Fostering the Advancement of the Internet of Things, 19956-19960 2016-07892 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric and Gas, 19999-20000 2016-07904 Operator Licensing Examination Standards for Power Reactors, 19998-19999 2016-07907 Ocean Energy Management Ocean Energy Management Bureau NOTICES Proposed Notice of Sale for Western Gulf of Mexico Planning Area Outer Continental Shelf Oil and Gas Lease Sale 248, 19994 2016-07917 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 20000-20004 2016-07862 2016-07863 2016-07870 2016-07871 2016-07876 2016-07877 2016-07878 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Donate Life Month (Proc. 9415), 20209-20212 2016-08077 National Public Health Week (Proc. 9416), 20213-20214 2016-08082 World Autism Awareness Day (Proc. 9417), 20215-20216 2016-08083 ADMINISTRATIVE ORDERS Somalia; Continuation of National Emergency (Notice of April 4, 2016), 20217-20218 2016-08084 Securities Securities and Exchange Commission NOTICES Applications: Advisors Asset Management, Inc. and AAM ETF Trust, 20007-20016 2016-07835 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 20016-20021 2016-07832 International Securities Exchange, LLC, 20004-20007 2016-07834 ISE Gemini, LLC, 20021-20024 2016-07833 National Stock Exchange, Inc., 20040-20046 2016-07830 New York Stock Exchange LLC, 20030-20040 2016-07838 NYSE Arca, Inc., 20024-20030 2016-07831 Trading Suspension Orders: Go EZ Corp., 20046 2016-07967 Small Business Small Business Administration PROPOSED RULES Disaster Assistance Loan Program: Disaster Loan Mitigation, Contractor Malfeasance and Secured Threshold, 19934-19936 2016-07750 State Department State Department RULES Public Access to Information, 19863-19876 2016-07900 Surface Transportation Surface Transportation Board RULES Accounting and Reporting of Business Combinations, Security Investments, Comprehensive Income, Derivative Instruments, and Hedging Activities, 19904-19922 2016-07759 Susquehanna Susquehanna River Basin Commission NOTICES Hearings: Susquehanna River Basin Commission, 20046-20047 2016-07799 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration PROPOSED RULES Federal Motor Vehicle Safety Standards: Occupant Crash Protection; Rulemaking Petition, Denial, 19944-19950 2016-07827 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department RULES Health Care for Certain Children of Vietnam Veterans and Certain Korea Veterans: Covered Birth Defects and Spina Bifida, 19887-19891 2016-07897 NOTICES Requests for Nominations: Advisory Committee on Cemeteries and Memorials, 20055-20056 2016-07826 Wage Wage and Hour Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Establishing Paid Sick Leave for Federal Contractors, 19997-19998 2016-07889 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 20058-20090 2016-07587 Interior Department, Fish and Wildlife Service, 20058-20090 2016-07587 Part III Health and Human Services Department, Food and Drug Administration, 20092-20170 2016-07330 Part IV Environmental Protection Agency, 20172-20207 2016-06563 Part V Presidential Documents, 20209-20218 2016-08077 2016-08082 2016-08083 2016-08084 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 81 66 Wednesday, April 6, 2016 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2016-0025] 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, Department of Homeland Security. ACTION: Final rule. SUMMARY: The Department of Homeland Security

(DHS)is issuing a final rule to amend its regulations to exempt portions of an existing 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: This final rule is effective April 6, 2016. FOR FURTHER INFORMATION CONTACT: Karen L. Neuman,

(202)343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: I. Background The Department of Homeland Security

(DHS)published a notice of proposed rulemaking in the **Federal Register** at 81 FR 3758, on January 22, 2016, 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. DHS issued the “Department of Homeland Security/ALL-030 Use of the Terrorist Screening Database System of Records” in the **Federal Register** at 81 FR 3811 on January 22, 2016, to provide notice to the public that DHS was adding two new consumers to the “DHS Watchlist Service.” DHS also clarified an existing category of individuals, added two new categories of individuals, and clarified the categories of records maintained in this system. DHS invited comments on both the Notice of Proposed Rulemaking

(NPRM)and System of Records Notice (SORN). II. Public Comments DHS received three comments. Two comments were from private individuals who complemented DHS for this update. DHS received an identical comment from a public interest research center on the SORN and NPRM. The commenter raised concerns regarding the number of exemptions taken by DHS, particularly exemptions related to access and accounting for disclosures. Specifically, the commenter questioned the need to exempt records once an investigation was complete. In response, DHS emphasizes that the Terrorist Screening Database

(TSDB)belongs to the Department of Justice (DOJ)/Federal Bureau of Investigation (FBI). DHS does not change or alter these records. All records within the DHS/ALL-030 Use of the Terrorist Screening Database System of Records are collected and disseminated by the DOJ/FBI and are covered by the DOJ/FBI-019, “Terrorist Screening Records Center System,” 72 FR 77846 (Dec. 14, 2011). Because DHS does not make any changes to the records obtained from DOJ/FBI, the same exemptions outlined in the DOJ/FBI SORN, and reasons provided in its implementing regulations for use of such exemptions at 28 CFR 16.96, transfer and apply. For instance, disclosing this information to individuals who have been misidentified as known or suspected terrorists due to a close name similarity, and of which the investigation has been completed, could reveal the Government's investigative interest in a terrorist suspect for an ongoing investigation, because it could make known the name of the individual who actually is the subject of the Government's interest. Similarly, providing any type of notice to a misidentified known or suspected terrorist due to a close name similarity could alert the actual known or suspected terrorist of the Government's investigative interest in that individual. Further, amendment of these records would impose an impossible administrative burden by requiring investigations, analyses, and reports to be continuously reinvestigated and revised. DHS is not taking any new exemptions as a result of the expansion to the categories of individuals in the TSDB. As noted in the NPRM, permitting access and amendment to watchlist records could disclose sensitive information that could be detrimental to national security. Release of the accounting of disclosures could reveal the details of watchlist matching measures, as well as capabilities and vulnerabilities of the watchlist matching process, the release of which could permit an individual to evade future detection and thereby impede efforts to ensure national security. However, DHS does agree that some of the exemptions proposed in the NPRM are unnecessary. With the publication of this Final Rule, DHS is removing the exemption from subsections 5 U.S.C. 552a(e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency Requirements) and

(f)(Agency Rules), because DHS has already established requirements, rules, or procedures with respect to individual access and will review each request for access on a case-by-case basis. Concurrent with this Final Rule, DHS is republishing the DHS/ALL-030 Use of the Terrorist Screening Database System of Records to reflect this change. 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: 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. In appendix C to part 5, revise paragraph 66 to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 66. The DHS/ALL-030 Use of the 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 the 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, the enforcement of civil and criminal laws; investigations, inquiries, and proceedings thereunder; and national security and intelligence activities. The Terrorist Screening Database belongs to the Department of Justice (DOJ)/Federal Bureau of Investigation (FBI). DHS does not change or alter these records. All records within the DHS/ALL-030 Use of the Terrorist Screening Database System of Records are collected and disseminated by the DOJ/FBI and are covered by the DOJ/FBI-019, “Terrorist Screening Records Center System,” 72 FR 77846 (Dec. 14, 2011). Because DHS does not make any changes to the records obtained from DOJ/FBI, the same exemptions outlined in the DOJ/FBI SORN, and reasons provided in its implementing regulations for use of such exemptions at 28 CFR 16.96, transfer and apply. The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(5), (e)(8), and (g). When a record has been received from DOJ/FBI-019 Terrorist Screening Records System of Records and has been exempted in that source system, DHS will claim the same exemptions for those records that are claimed for that original primary system of records from which they originated and claims any additional exemptions set forth here. 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

(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 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.

(g)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.

(h)From subsection

(g)(Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: March 22, 2016. Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2016-07896 Filed 4-5-16; 8:45 am]

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