Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-11-25.xml --- 81 227 Friday, November 25, 2016 Contents Administrative Administrative Conference of the United States NOTICES Meetings: Assembly of the Administrative Conference of the United States, 85204 2016-28402 Agricultural Marketing Agricultural Marketing Service RULES Quality and Handling Requirements: Irish Potatoes Grown in Colorado; Area No. 2, 85108-85110 2016-28252 Suspensions and Revisions: Incoming Size-Grade Requirements Olives Grown in California, 85107-85108 2016-28254 PROPOSED RULES Continuance Referendum:

Pears Grown in Oregon and Washington, 85167 2016-28256 Grade Standards: United States Standards for Grades of Shelled Walnuts and Walnuts in the Shell, 85164-85167 2016-28253 NOTICES Meetings: National Organic Standards Board, 85205 2016-28383 Agriculture Agriculture Department See Agricultural Marketing Service AIRFORCE Air Force Department NOTICES Privacy Act; Systems of Records, 85210 2016-28392 Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 85205-85206 2016-28574 Centers Disease Centers for Disease Control and Prevention NOTICES Recommendations on Use of Chlorhexidine-Impregnated Dressings for Prevention of Intravascular Catheter-Related Infections, 85225-85226 2016-28385 Coast Guard Coast Guard RULES Anchorage Grounds:

Delaware Bay and River, Philadelphia, PA, 85157-85160 2016-28405 Drawbridge Operations: Northeast Cape Fear River, Wilmington, NC, 85160 2016-28331 PROPOSED RULES Drawbridge Operations: Youngs Bay, Astoria, OR, 85201-85203 2016-28359 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission RULES Commodity Pool Operator Financial Reports, 85147-85156 2016-28388 PROPOSED RULES Regulation Automated Trading, 85334-85399 2016-27250 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 85209-85210 2016-28389 Meetings; Sunshine Act, 85209 2016-28522 Defense Department Defense Department See Air Force Department PROPOSED RULES Production of Official Records or Disclosure of Official Information in Proceedings before Federal, State or Local Governmental Entities of Competent Jurisdiction, 85196-85201 2016-28221 NOTICES Charter Amendments, Establishments or Renewals: Federal Advisory Committees, 85210 2016-28395 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Approval to Participate in Federal Student Financial Aid Programs, 85214-85215 2016-28349 Eligibility Designations and Applications for Waivers: Programs under Parts A and F of Title III of the Higher Education Act of 1965, 85210-85214 2016-28400 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: President's Council of Advisors on Science and Technology, 85215 2016-28281 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Alaska; Permitting Fees Revision, 85160-85162 2016-28272 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alaska; Permitting Fees Revision, 85203 2016-28276 NOTICES Environmental Impact Statements; Availability, etc.; Weekly Receipts, 85221-85222 2016-28407 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters (Previously Eurocopter France) Helicopters, 85126-85129 2016-27638 Bombardier, Inc.

Airplanes, 85116-85118, 85121-85124 2016-27643 2016-28054 Sikorsky Aircraft Corporation Helicopters, 85124-85126 2016-27771 The Boeing Company Airplanes, 85113-85116, 85118-85121, 85129-85133 2016-26809 2016-27640 2016-28059 Class D and E Airspace; Amendments: Georgetown, TX; Corpus Christi, TX; Dallas/Fort Worth, TX; Gainesville, TX; Graford, TX; Hebbronville, TX; and Jasper, TX, 85135-85137 2016-28284 Class E Airspace; Establishments: Silver Springs, NV, 85133-85134 2016-28277 Rotorcraft External-Load Operations;

Technical Amendment, 85138 2016-28399 PROPOSED RULES Airworthiness Directives: Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 85169-85171 2016-27307 Airbus Helicopters (Previously Eurocopter France) Helicopters, 85168-85169 2016-27639 Class E Airspace; Amendments Willows, CA, 85171-85173 2016-28292 NOTICES Meetings: Radio Technical Commission for Aeronautics Tactical Operations Committee, 85303 2016-28286 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 85223-85225 2016-28344 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Survey of Unbanked and Underbanked Households, 85222-85223 2016-28393 Federal Emergency Federal Emergency Management Agency NOTICES Emergency and Related Determinations: South Carolina; Amendment No. 1, 85236 2016-28351 Flood Hazard Determinations, 85236, 85239-85241 2016-28343 2016-28357 Flood Hazard Determinations; Changes, 85233-85235 2016-28345 Major Disaster Declarations:

Florida; Amendment No. 7, 85238 2016-28356 Kansas; Amendment No. 1, 85237 2016-28348 South Carolina; Amendment No. 7, 85237-85238 2016-28352 Virginia; Amendment No. 1, 85238 2016-28347 Major Disasters and Related Determinations: Minnesota, 85237 2016-28354 Virginia, 85238-85239 2016-28350 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Annual Charges for Use of Government Lands: Alaska, 85173-85176 2016-28193 Essential Reliability Services and the Evolving Bulk-Power System—Primary Frequency Response, 85176-85190 2016-28321 NOTICES Combined Filings, 85220-85221 2016-28323 Environmental Assessments;

Availability, etc.: EcoElectrica, L.P., Liquid Natural Gas Terminal Sendout Capacity Increase Project; Environmental Review, 85216 2016-28329 Establishing the Length of License Terms: Hydroelectric Projects, 85218-85220 2016-28195 Filings: PJM Interconnection L.L.C., 85221 2016-28330 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Pumpjack Solar I, LLC, 85216-85217 2016-28324 Rio Bravo Solar I, LLC, 85217 2016-28326 Rio Bravo Solar II, LLC, 85215-85216 2016-28327 Meetings:

Electric Quarterly Report Users Group, 85217-85218 2016-28328 Federal Highway Federal Highway Administration NOTICES Surface Transportation Project Delivery Program: TxDOT Audit Report, 85303-85311 2016-28353 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Diabetes, 85317-85319 2016-28369 Diabetes Mellitus, 85312-85317 2016-28368 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 85321-85323 2016-28394 Environmental Impact Statements; Availability, etc.: Baltimore-Washington Superconducting Maglev Project between Baltimore, MD and Washington, DC, 85319-85321 2016-28285 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 85225 2016-28386 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 85225 2016-28387 Fiscal Fiscal Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Recognition as Natural Guardian of a Minor Not under Legal Guardianship and for Disposition of Minor's Interest in Registered Securities, 85330 2016-28412 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Permit Applications, 85254-85255 2016-28346 Environmental Impact Statements; Availability, etc.: Oil and Gas Coalition Multi-State Habitat Conservation Plan for Ohio, Pennsylvania, and West Virginia;

Scoping Meetings, 85250-85254 2016-28336 Freedom of Information Act Lawsuit, 85255-85257 2016-28379 Food and Drug Food and Drug Administration RULES Food Labeling: Uniform Compliance Date, 85156-85157 2016-28333 NOTICES Guidance: Bioequivalence Recommendations for Cyclobenzaprine Hydrochlorid, 85229-85231 2016-28334 Submission of Quality Metrics Data, 85226-85229 2016-28332 Request for Nominations: Blood Products Advisory Committee, 85231-85232 2016-28306 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 85330-85331 2016-28282 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities:

CoLinx, LLC, Foreign-Trade Zone 148, Knoxville, TN, 85206 2016-28376 Tesla Motors, Inc., Foreign-Trade Zone 126, Reno, NV, 85206 2016-28378 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S. Citizenship and Immigration Services RULES Privacy Act;

Implementation of Exemptions, 85105-85107 2016-28288 2016-28289 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disaster Recovery Grant Reporting System, 85246-85248 2016-28447 Housing Counseling Federal Advisory Committee Membership Application, 85248-85249 2016-28444 Multifamily Project Construction Change, 85248 2016-28441 Federal Property Suitable as Facilities to Assist the Homeless, 85249-85250 2016-28133 Industry Industry and Security Bureau RULES Commerce Control List:

Removal of Certain Nuclear Nonproliferation Column 2 Controls, 85138-85147 2016-28039 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Meetings: National Museum and Library Services Board, 85266 2016-28223 Interior Interior Department See Fish and Wildlife Service See National Park Service See Reclamation Bureau NOTICES Senior Executive Service Performance Review Board Appointments, 85257-85259 2016-28315 Internal Revenue Internal Revenue Service PROPOSED RULES Minimum Present Value Requirements for Defined Benefit Plan Distributions, 85190-85196 2016-27907 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Monosodium Glutamate from Indonesia, 85206-85208 2016-28366 Determinations of Sales at Less than Fair Value: Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland, 85208 2016-28365 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same, 85264-85265 2016-28314 Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same, 85263-85264 2016-28358 Labor Department Labor Department See Workers Compensation Programs Office National Credit National Credit Union Administration RULES Community Development Revolving Loan Fund, 85110-85113 2016-28229 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Recordkeeping, Reporting, and Disclosure Requirements Associated with the Truth in Lending Act, 85266 2016-28313 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance: Reflex and Allen USA, Inc., 85323-85325 2016-28119 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 85232-85233 2016-28302 National Institute of Environmental Health Sciences, 85232 2016-28301 National Institute of Neurological Disorders and Stroke, 85232 2016-28303 National Oceanic National Oceanic and Atmospheric Administration RULES Pacific Island Pelagic Fisheries: U.S. Territorial Longline Bigeye Tuna Catch Limits for the Territory of Guam; Valid Specified Fishing Agreement, 85162-85163 2016-28317 NOTICES Meetings: Marine Fisheries Advisory Committee, 85208 2016-28421 National Park National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Park Service Common Learning Portal, 85259-85260 2016-28370 National Science National Science Foundation NOTICES Permit Applications: Antarctic Conservation Act, 85267 2016-28283 National Transportation National Transportation Safety Board NOTICES Investigative Hearings, 85267-85268 2016-28382 Meetings; Sunshine Act, 85267 2016-28540 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 85268 2016-28595 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined License Applications:

Tennessee Valley Authority; Bellefonte Nuclear Plant, Units 3 and 4; Withdrawal, 85276-85277 2016-28373 Environmental Assessments; Availability, etc.: Armed Forces Radiobiology Research Institute, 85268-85274 2016-28372 Imposition Orders: International Cyclotron, 85274-85276 2016-28374 Meetings; Sunshine Act, 85276 2016-28495 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Special Permit Applications, 2016-27724 2016-27725 2016-27726 85325-85329 2016-27727 Reclamation Reclamation Bureau NOTICES Change in Discount Rate for Water Resources Planning, 85262-85263 2016-28339 Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Actions, 85260-85262 2016-28342 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: International Securities Exchange, LLC, 85277-85280 2016-28308 ISE Gemini, LLC, 85280-85283 2016-28309 ISE Mercury, LLC, 85295-85299 2016-28310 National Securities Clearing Corp., 85299-85302 2016-28312 New York Stock Exchange LLC, 85291-85295 2016-28311 The Depository Trust Co., 85295 2016-28307 The NASDAQ Stock Market LLC, et al., 85283-85291 2016-28319 State Department State Department NOTICES Global Terrorist Designations: Abdelilah Himich, aka Abu Suleyman al-Faransi, aka Abu Suleyman al-Firansi, et al., 85302-85303 2016-28408 Basil Hassan, 85302 2016-28404 Victor Quispe Palomino, aka Comrade Jose, 85303 2016-28401 Meetings:

Advisory Committee on International Law, 85302 2016-28398 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Sensitive Security Information Threat Assessments, 85243-85244 2016-28294 Meetings: Aviation Security Advisory Committee, 85241-85243 2016-28299 Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2016-28390 85331-85332 2016-28397 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Waiver of the Foreign Residence Requirement of the Immigration and Nationality Act, 85245 2016-28278 Request for Verification of Naturalization, 85244-85245 2016-28279 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Cooperative Studies Scientific Evaluation Committee, 85332 2016-28391 Workers' Workers Compensation Programs Office NOTICES Meetings: Advisory Board on Toxic Substances and Worker Health: Subcommittee on Industrial Hygienists and Contract Medical Consultants and Their Reports, 85265 2016-28273 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 85334-85399 2016-27250 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 227 Friday, November 25, 2016 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2016-0085] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S.

Customs and Border Protection (CBP)-022 Electronic Visa Update System

(EVUS)System of Records AGENCY: Privacy Office, Department of Homeland Security. 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)-022 Electronic Visa Update System

(EVUS)System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the “Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-022 Electronic Visa Update System

(EVUS)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 November 25, 2016. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Debra L. Danisek (202-344-1610), CBP Privacy Officer, Privacy and Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. For privacy issues please contact: Jonathan R. Cantor (202-343-1717), Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: I. Background The Department of Homeland Security

(DHS)U.S. Customs and Border Protection

(CBP)published a notice of proposed rulemaking in the **Federal Register** (81 FR 60297, September 1, 2016) 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. DHS issued the “DHS/CBP-022 Electronic Visa Update System

(EVUS)System of Records” in the **Federal Register** at 81 FR 60371 on September 1, 2016, to provide notice to the public that DHS/CBP will collect and maintain records on nonimmigrant aliens who hold a passport that was issued by an identified country approved for inclusion in the EVUS program and have been issued a U.S. nonimmigrant visa of a designated category seeking to travel to the United States. The system of records will also cover records of other persons, including U.S. citizens and lawful permanent residents, whose names are provided to DHS as part of a nonimmigrant alien's EVUS enrollment. Requiring aliens holding passports of identified countries containing U.S. nonimmigrant visas of a designated category with multiple year validity will allow DHS/CBP to collect updated information. The system is used to ensure a visa holder's information remains current. The information is also used to separately determine whether any admissibility issues may need to be addressed outside the EVUS enrollment process by vetting the information against selected security and law enforcement databases at DHS, including the use of CBP's TECS (not an acronym) (DHS/CBP-011 U.S. Customs and Border Protection TECS, December 19, 2008, 73 FR 77778) and the Automated Targeting System

(ATS)(DHS/CBP-006 Automated Targeting System, May 22, 2012, 77 FR 30297). DHS/CBP invited comments on both the Notice of Proposed Rulemaking

(NPRM)and System of Records Notice (SORN). II. Public Comments DHS received no comments on the NPRM and one positive comment on the SORN for the DHS/CBP-022 EVUS System of Records. After consideration of the public comment, DHS 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 continues to read as follows: Authority: Public Law 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. Amend appendix C to part 5 by adding paragraph 74 to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 74. The DHS/CBP-022 Electronic Visa Update System

(EVUS)System of Records consists of electronic and paper records and will be used by DHS and its components. EVUS is a repository of information held by DHS/CBP in connection with its several and varied missions and functions, including, but not limited to the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; and national security and intelligence activities. EVUS 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. 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), (e)(8), and (g). Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2) has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3). 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 (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.

(c)From subsection

(g)(Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: November 17, 2016. Jonathan R. Cantor, Acting Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2016-28288 Filed 11-23-16; 8:45 am]

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