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-2016-12-20.xml --- 81 244 Tuesday, December 20, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92814-92816 2016-30603 Common Formats for Reporting on Health Care Quality and Patient Safety, 92816-92818 2016-30604 Aging Aging Administration RULES State Long-Term Care Ombudsman Programs; Correction, 92696-92697 2016-30455 Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rates:

Domestic Dates Produced or Packed in Riverside County, CA, 92564-92566 2016-30303 Increased Assessment Rates: Almonds Grown in California, 92559-92564 2016-30264 Cherries Grown in Designated Counties in Washington, 92557-92559 2016-30302 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Food Safety and Inspection Service See Grain Inspection, Packers and Stockyards Administration See National Agricultural Statistics Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 92770 2016-30567 AIRFORCE Air Force Department NOTICES Records of Decision: Divert Activities and Exercises, Commonweatlth of the Northern Mariana Islands, 92791 2016-30488 Census Bureau Census Bureau NOTICES Committee Establishment: Census Bureau 2020 Advisory Committee, 92776 2016-30606 Requests for Nominations: Census Bureau 2020 Advisory Committee, 92776-92777 2016-30605 Centers Disease Centers for Disease Control and Prevention NOTICES Charter Renewals:

Mine Safety and Health Research Advisory Committee, 92818 2016-30525 Meetings: Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 92820 2016-30519 Advisory Board on Radiation and Worker Health, Subcommittee for Dose Reconstruction Reviews, 92819-92820 2016-30521 Advisory Board on Radiation and Worker Health, Subcommittee on Procedures Review, National Institute for Occupational Safety and Health, 92818-92819 2016-30520 Board of Scientific Counselors, Office of Infectious Diseases, 92820 2016-30523 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 92819 2016-30518 Requests for Nominations:

Board of Scientific Counselors, National Institute for Occupational Safety and Health, 92821 2016-30522 Centers Medicare Centers for Medicare & Medicaid Services RULES Flexibility, Efficiency, and Modernization in Child Support Enforcement Programs, 93492-93569 2016-29598 Children Children and Families Administration RULES Flexibility, Efficiency, and Modernization in Child Support Enforcement Programs, 93492-93569 2016-29598 Runaway and Homeless Youth, 93030-93064 2016-30241 Coast Guard Coast Guard RULES Drawbridge Operations:

Calcasieu River, Westlake, LA, 92664 2016-30576 Pearl River, LA and MS, 92663-92664 2016-30572 Commerce Commerce Department See Census Bureau See Economic Development Administration See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency RULES Receiverships for Uninsured National Banks, 92594-92603 2016-30666 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Record and Disclosure Requirements—Consumer Financial Protection Bureau Regulations B, C, E, M, Z, and DD and Board of Governors of the Federal Reserve System Regulation CC, 92974-92975 2016-30497 Defense Department Defense Department See Air Force Department See Navy Department RULES Federal Acquisition Regulations: Federal Acquisition Circular 2005-93; Small Entity Compliance Guide, 93489 2016-30222 Federal Acquisition Circular 2005-94;

Introduction, 93476 2016-30212 Payment of Subcontractors, 93481-93488 2016-30221 Privacy Training, 93476-93481 2016-30213 Interstate Compact on Educational Opportunity for Military Children, 92654-92663 2016-30110 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility; Petitions, 92777-92778 2016-30536 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

NCER-NPNCER-NPSAS Grant Study—Financial Aid Nudges 2017: A National Experiment to Increase Retention of Financial Aid and College Persistence, 92805-92806 2016-30505 NCER-NPSAS Grant Study—Connecting Students with Financial Aid 2017: Testing the Effectiveness of FAFSA Interventions on College Outcomes, 92806 2016-30504 New Awards; Applications: Teacher and School Leader Incentive Program, 92793-92805 2016-30643 Employee Benefits Employee Benefits Security Administration RULES Savings Arrangements Established by Qualified State Political Subdivisions for Non-Governmental Employees, 92639-92654 2016-30069 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: California; Northern Sonoma County Air Pollution Control District; Stationary Source Permits, 92665-92666 2016-30186 Revisions to the Unregulated Contaminant Monitoring Rule for Public Water Systems; Public Meeting, 92666-92692 2016-30469 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Interstate Transport for Utah, 92755-92758 2016-30462 Pesticide Petitions: Residues of Pesticide Chemicals in or on Various Commodities, 92758-92760 2016-30647 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus Airplanes, 92749-92753 2016-30018 Dassault Aviation Airplanes, 92747-92749 2016-30027 Learjet, Inc. Airplanes, 92745-92747 2016-30019 The Boeing Company Airplanes, 92740-92745, 92753-92755 2016-30021 2016-30026 2016-30028 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pilot Records Improvement Act of 1996; Pilot Records Database, 92940 2016-30638 Meetings: Forty Sixth RTCA SC-224 Plenary, 92939-92940 2016-30511 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 92694-92696 2016-30533 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Port Arthur LNG, LLC; PALNG Common Facilities Company, LLC; Port Arthur Pipeline, LLC, 92809-92810 2016-30550 Combined Filings, 92808-92809, 92811-92813 2016-30542 2016-30543 2016-30547 2016-30548 Environmental Assessments; Availability, etc.: National Fuel Gas Supply Corp., Heath Compressor Station Abandonment and Line FM-92 Refunctionalization Project, 92807-92808 2016-30549 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: InterGen Energy Solutions, LLC, 92813 2016-30544 PPA Grand Johanna LLC, 92811-92812 2016-30545 Records Governing Off-the-Record Communications, 92810-92811 2016-30546 Federal Highway Federal Highway Administration RULES Metropolitan Planning Organization Coordination and Planning Area Reform, 93448-93473 2016-30478 NOTICES Final Federal Agency Actions:

Franklin Boulevard; I-5—McVay Highway, Springfield, Lane County, OR, 92940-92941 2016-30293 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 92813 2016-30771 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Driver's Licenses; Exemption Applications: New Prime, Inc., 92947-92949 2016-30633 Qualification of Drivers; Exemption Applications: Diabetes, 92941-92943, 92946-92947, 92949-92952 2016-30588 2016-30589 2016-30602 Vision, 92944-92946, 92952-92953 2016-30587 2016-30592 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 92814 2016-30499 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 92814 2016-30629 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 92814 2016-30498 Federal Transit Federal Transit Administration RULES Metropolitan Planning Organization Coordination and Planning Area Reform, 93448-93473 2016-30478 NOTICES Certifications and Assurances: Federal Fiscal Year 2017 Annual List for Grants and Cooperative Agreements, 92953-92957 2016-30614 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants:

Jaguar Draft Recovery Plan, 92845-92847 2016-30584 Permit Applications: Endangered Species; Marine Mammals, 92844-92845 2016-30514 Food and Drug Food and Drug Administration RULES Postmarketing Safety Reporting for Combination Products, 92603-92626 2016-30485 NOTICES Abbreviated New Drug Applications: Sun Pharmaceutical Industries, Inc.; Withdrawal, 92821-92822 2016-30623 Determinations of Regulatory Review Periods for Purposes of Patent Extensions: COSENTYX, 92832-92833 2016-30528 Emergency Use;

Authorizations: In Vitro Diagnostic Device for Detection of Zika Virus, 92822-92832 2016-30532 Guidance: Question-Based Review for the Chemistry, Manufacturing, and Controls Technical Section of Animal Drug Applications, 92834-92835 2016-30613 Food and Nutrition Food and Nutrition Service RULES Supplemental Nutrition Assistance Program Promotion, 92550-92556 2016-30621 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

In-Home Food Safety Behaviors and Consumer Education: Annual Observational Study, 92772-92774 2016-30599 Meetings: Codex Alimentarius Commission; Codex Committee on Fats and Oils, 92770-92772 2016-30600 General Services General Services Administration RULES Federal Acquisition Regulations: Federal Acquisition Circular 2005-93; Small Entity Compliance Guide, 93489 2016-30222 Federal Acquisition Circular 2005-94; Introduction, 93476 2016-30212 Payment of Subcontractors, 93481-93488 2016-30221 Privacy Training, 93476-93481 2016-30213 Grain Inspection Grain Inspection, Packers and Stockyards Administration RULES Scope of Sections 202(a) and

(b)of the Packers and Stockyards Act, 92566-92594 2016-30424 PROPOSED RULES Poultry Grower Ranking Systems, 92723-92740 2016-30429 Unfair Practices and Undue Preferences in Violation of the Packers and Stockyards Act, 92703-92723 2016-30430 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Aging Administration See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection RULES Privacy Act; Implementation of Exemptions, 92549-92550 2016-30457 Housing Housing and Urban Development Department RULES Narrowing the Digital Divide Through Installation of Broadband Infrastructure in HUD-Funded New Construction and Substantial Rehabilitation of Multifamily Rental Housing, 92626-92639 2016-30708 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Resident Opportunity and Self Sufficiency Grant Forms, 92843 2016-30617 Exigent Health and Safety Deficiency Correction Certification, 92843-92844 2016-30609 HUD Conditional Commitment/Statement of Appraised Value, 92839-92840 2016-30612 Housing Opportunity through Modernization Act of 2016: Implementation of Public Housing Income Limit, 92836 2016-30627 Revised Methodology to Track the Extent to which Moving to Work Agencies Continue to Serve Substantially the Same Number of Eligible Families, 92836-92839 2016-30622 Section 8 Housing Assistance Payments Program: Annual Adjustment Factors, Fiscal Year 2017, 92840-92842 2016-30618 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office RULES Freedom of Information Act Regulations, 92692-92694 2016-30601 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions from the People's Republic of China, 92778-92783 2016-30581 Certain Cased Pencils from the People's Republic of China; Amended Final Results of Antidumping Duty New Shipper Review; 2014-2015, 92784-92785 2016-30626 Certain Polyester Staple Fiber from the Republic of Korea and Taiwan; Final Results of Expedited Sunset Review of the Antidumping Duty Orders, 92783-92784 2016-30625 Welded Carbon Steel Standard Pipe and Tube Products from Turkey; Administrative Review, 2014-2015, 92785-92787 2016-30541 Meetings: Civil Nuclear Trade Advisory Committee; Cancellation, 92778 2016-30616 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Pumping Bras, 92852-92853 2016-30580 Heavy Forged Hand Tools from China, 92852 2016-30636 Sulfanilic Acid from China and India, 92853-92854 2016-30534 Justice Department Justice Department NOTICES Consent Decrees: CERCLA and the Clean Air Act, 92855 2016-30642 Clean Water Act, 92854-92855 2016-30628 Labor Department Labor Department See Employee Benefits Security Administration See Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports, 92856-92857 2016-30524 Coal Mine Rescue Teams: Arrangements for Emergency Medical Assistance and Transportation for Injured Persons—Agreements, Reporting Requirements, and Posting Requirements, 92855-92856 2016-30515 Land Land Management Bureau NOTICES Plats of Surveys: Eastern States, 92847-92848 2016-30583 Relocations: Consolidation and Change of Address for Oklahoma Field Office—Tulsa and Moore Field Station, 92847 2016-30530 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92958 2016-30650 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel ANDANTE MAR, 92957 2016-30652 Vessel KALULU, 92957-92958 2016-30656 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations: Federal Acquisition Circular 2005-93; Small Entity Compliance Guide, 93489 2016-30222 Federal Acquisition Circular 2005-94; Introduction, 93476 2016-30212 Payment of Subcontractors, 93481-93488 2016-30221 Privacy Training, 93476-93481 2016-30213 NOTICES Intent to Grant Partially Exclusive Licenses, 92858 2016-30501 National Agricultural National Agricultural Statistics Service NOTICES Confidentiality Pledge, 92774-92776 2016-30658 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92958-92963 2016-30637 Petitions for Decisions of Inconsequential Noncompliance: General Motors, LLC, 92963-92964 2016-30578 Mercedes-Benz USA, LLC, 92964-92966 2016-30579 National Institute National Institute of Standards and Technology NOTICES Requests for Nominations: Public-Key Post-Quantum Cryptographic Algorithms, 92787-92788 2016-30615 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands Crab Rationalization Program, 92697-92702 2016-30068 PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to List the Gulf of Mexico Bryde's Whale as Endangered; Correction, 92760-92761 2016-30659 Fisheries of the Northeastern United States: Amendment 18 to the Northeast Multispecies Fishery Management Plan, 92761-92769 2016-30356 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Southeast Region Permit Family of Forms, 92789-92790 2016-30594 Meetings: Gulf of Mexico Fishery Management Council, 92790-92791 2016-30500 Takes of Marine Mammals: Incidental to Geophysical Surveys in the Gulf of Mexico, 92788-92789 2016-30492 National Park National Park Service NOTICES Wilderness Area Eligibility Assessments: Big South Fork National River and Recreation Area and Obed Wild and Scenic River, 92848 2016-30635 Navy Navy Department NOTICES Exclusive Patent Licenses: Adaptive Phage Therapeutics, Inc., 92791-92792 2016-30590 DBC Medical Innovations, LLC, 92792 2016-30582 Rotunda Scientific Technologies, LLC, 92792-92793 2016-30585 Solar Tech, Inc., 92792 2016-30586 SpringStar Inc., 92792 2016-30591 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions and Combined License Amendments: South Carolina Electric and Gas Company South Carolina Public Service Authority; Virgil C. Summer Nuclear Station, Units 2 and 3; Containment Hydrogen Igniter Changes, 92859-92860 2016-30608 Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Compressed and Instrument Air System High Pressure Air Subsystem Changes, 92861-92863 2016-30607 Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Initial Test Program Changes, 92860-92861 2016-30631 Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Reconciliation of Tier 1 Valve Differences, 92881-92882 2016-30630 Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations; Biweekly Notice, 92863-92880 2016-30438 Meetings; Sunshine Act, 92880-92881 2016-30747 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Secrecy and License to Export, 92791 2016-30506 Postal Service Postal Service NOTICES Product Changes: Priority Mail and First-Class Package Service Negotiated Service Agreement, 92882 2016-30517 Priority Mail Negotiated Service Agreement, 92882-92883 2016-30526 2016-30529 2016-30531 Presidential Documents Presidential Documents PROCLAMATIONS Trade: Nepal Preference Program; Implementation Provisions (Proc. 9555), 92499-92547 2016-30738 Reclamation Reclamation Bureau NOTICES Prize Competitions; Requirements and Registrations: Sub-Seasonal Climate Forecast Rodeo, 92848-92851 2016-30593 Securities Securities and Exchange Commission NOTICES Applications: Equus Total Return, Inc., 92897-92901 2016-30539 MIAX PEARL, LLC, 92901-92916 2016-30538 Minnesota Life Insurance Company, et al, 92891-92892 2016-30540 Public Company Accounting Oversight Board Budget and Annual Accounting Support Fee, 92885-92886 2016-30537 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 92928 2016-30558 BOX Options Exchange LLC, 92919-92923 2016-30562 C2 Options Exchange, Inc., 92928-92932 2016-30560 Chicago Board Options Exchange, Inc., 92883-92885, 92925-92927 2016-30554 2016-30565 NASDAQ BX, Inc., 92886-92889 2016-30555 NASDAQ PHLX LLC, 92916-92919 2016-30551 NASDAQ Stock Market LLC, 92885, 92927, 92932-92937 2016-30552 2016-30557 2016-30559 2016-30561 NYSE Arca, Inc., 92892-92897 2016-30553 2016-30556 NYSE MKT LLC, 92889-92890, 92923-92925 2016-30563 2016-30564 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92938 2016-30569 Surrender of License of Small Business Investment Companies: DeltaPoint Capital III, LP, 92937 2016-30503 DeltaPoint Capital IV, LP, 92937 2016-30513 State Department State Department NOTICES Meetings: Overseas Schools Advisory Council, 92938 2016-30624 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Stream Protection Rule, 93066-93445 2016-29958 Surface Transportation Surface Transportation Board NOTICES Acquisition of Control Exemptions: Monarch Ventures Inc., Quick Coach Lines Ltd., et al., 92938-92939 2016-30489 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration NOTICES National Environmental Policy Act Implementing Procedures Update, 92966-92974 2016-30660 Treasury Treasury Department See Comptroller of the Currency NOTICES Meetings: Federal Advisory Committee on Insurance, 92975-92976 2016-30632 Customs U.S. Customs and Border Protection RULES Regulatory Implementation of the Centers of Excellence and Expertise, 92978-93027 2016-29719 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Visa Update System, 92835 2016-30527 Veteran Affairs Veterans Affairs Department NOTICES Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in a National Cemetery, 92976 2016-30510 Workers' Workers Compensation Programs Office NOTICES Meetings: Advisory Board on Toxic Substances and Worker Health: Working Group on Presumptions, 92857-92858 2016-30516 Separate Parts In This Issue Part II Homeland Security Department, U.S. Customs and Border Protection, 92978-93027 2016-29719 Part III Health and Human Services Department, Children and Families Administration, 93030-93064 2016-30241 Part IV Interior Department, Surface Mining Reclamation and Enforcement Office, 93066-93445 2016-29958 Part V Transportation Department, Federal Highway Administration, 93448-93473 2016-30478 Transportation Department, Federal Transit Administration, 93448-93473 2016-30478 Part VI Defense Department, 93476-93489 2016-30222 2016-30212 2016-30221 2016-30213 General Services Administration, 93476-93489 2016-30222 2016-30212 2016-30221 2016-30213 National Aeronautics and Space Administration, 93476-93489 2016-30222 2016-30212 2016-30221 2016-30213 Part VII Health and Human Services Department, Centers for Medicare & Medicaid Services, 93492-93569 2016-29598 Health and Human Services Department, Children and Families Administration, 93492-93569 2016-29598 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. 81 244 Tuesday, December 20, 2016 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2016-0091] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security DHS/U.S. Customs and Border Protection (CBP)-023 Border Patrol Enforcement Records

(BPER)System of Records AGENCY: Department of Homeland Security, Privacy Office. 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)-023 Border Patrol Enforcement Records

(BPER)System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the “DHS/CBP-023 BPER 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 December 20, 2016. FOR FURTHER INFORMATION CONTACT: For general questions, please contact: Debra Danisek (202-344-1191), CBP Privacy Officer, Privacy and Diversity Office, 1300 Pennsylvania Avenue 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 72551, October 20, 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-023 Border Patrol Enforcement

(BPER)Records System of Records” in the **Federal Register** at 81 FR 72601 on October 20, 2016, to provide notice to the public that DHS/CBP will collect and maintain enforcement records to secure the U.S. border between Ports of Entry (POE), furthering its enforcement and immigration mission. DHS previously maintained these records under the DHS/ICE-011 Criminal Arrest Records and Immigration Enforcement Records (CARIER) (81 FR 72080, October 19, 2016) and the DHS/USVISIT-004 DHS Automated Biometric Identification System (IDENT) (72 FR 31080, June 5, 2007) System of Records Notices. DHS/CBP issued this new system of records to claim ownership of records created as a result of CBP interactions between POE. DHS/CBP invited comments on both the Notice of Proposed Rulemaking

(NPRM)and System of Records Notice (SORN). II. Public Comments DHS/CBP received one positive comment on the NPRM and no comments on the SORN for the DHS/CBP-023 BPER 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: 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 paragraph 76 to appendix C to part 5 to read as follows:: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 76. The DHS/CBP-023 Border Patrol Enforcement Records

(BPER)System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/CBP-023 BPER System of Records 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. The DHS/CBP-023 BPER 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. 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)(4)(G), (e)(4)(H), (e)(5), (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); (d); (e)(1), (e)(4)(G), and (e)(4)(H). 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 subsections (e)(4)(G) and (e)(4)(H) (Agency Requirements) 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.

(g)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.

(h)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.

(i)From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: December 13, 2016. Jonathan R. Cantor, Acting Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2016-30457 Filed 12-19-16; 8:45 am]

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