Unknown. Final rule
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/register/2017/03/31/2017-06327·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-2017-03-31.xml --- 82 61 Friday, March 31, 2017 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Orders: Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2017-2018 Marketing Year, 16001-16008 2017-06335 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Specified Commodities Imported into United States, Exempt from Import Regulations, 16019-16020 2017-06336 Charter Renewals:
Plant Variety Protection Board, 16020-16021 2017-06337 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service See Rural Housing Service Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 16024-16025 2017-06539 Civil Rights Civil Rights Commission NOTICES Meetings: Iowa Advisory Committee, 16025 2017-06312 Coast Guard Coast Guard RULES Drawbridge Operations: Snohomish River and Steamboat Slough, Everett and Marysville, WA, 15997-15998 2017-06388 Willamette River, Portland, OR, 15998 2017-06385 Safety Zones:
Long Beach Container Terminal Crane Transit, Long Beach, CA, 15998-16000 2017-06324 Special Local Regulations: 2017 Catano Offshore, San Juan Harbor, San Juan, PR, 15995-15997 2017-06351 PROPOSED RULES Safety Zones: Recurring Events in Captain of the Port Duluth Zone, 16012-16015 2017-06352 NOTICES Imposition of Conditions of Entry for Certain Vessels Arriving to United States from Nauru, 16052-16053 2017-06399 Commerce Commerce Department See Foreign-Trade Zones Board See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;
Sunshine Act, 16028 2017-06466 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 16028 2017-06497 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16029 2017-06360 Charter Renewals: Inland Waterways Users Board, 16028-16029 2017-06361 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Impact Evaluation of Academic Language Intervention, 16030-16031 2017-06367 Impact Evaluation of Parent Messaging Strategies on Student Attendance, 16029-16030 2017-06369 Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven By-Product Recovery Plants (Renewal), 16034-16035 2017-06319 NESHAP for Gold Mine Ore Processing; Renewal, 16035 2017-06325 NESHAP for Group IV Polymers and Resins (Renewal), 16031 2017-06318 NSPS for Sewage Sludge Incineration Units (Renewal), 16031-16032 2017-06322 NSPS for Stationary Spark Ignition Internal Combustion Engines (Renewal), 16032-16033 2017-06321 NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (Renewal), 16033-16034 2017-06323 Environmental Impact Statements;
Availability, etc.: Weekly Receipts, 16033 2017-06376 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 16035-16036 2017-06507 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 15985-15988 2017-06098 M7 Aerospace LLC Models Airplanes, 15982-15985 2017-05857 Meggitt (Troy), Inc. Combustion Heaters, 15988-15993 2017-05234 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 16036-16038 2017-06363 2017-06364 Meetings: Open Commission, 16038-16039 2017-06255 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 16039-16040 2017-06394 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 16040 2017-06395 Fish Fish and Wildlife Service NOTICES Endangered Species Recovery Permit Applications, 16056-16059 2017-06320 Environmental Impact Statements;
Availability, etc.: Orange County Transportation Authority M2 Natural Community Conservation Plan/Habitat Conservation Plan, Orange County, CA, 16054-16056 2017-06214 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Human Cells, Tissues, and Cellular and Tissue-Based Products: Establishment Registration and Listing; Eligibility Determination for Donors; and Current Good Tissue Practice, 16040-16044 2017-06398 Meetings:
Roadmap for Engaging with Food and Drug Administration's Center for Drug Evaluation and Research; Public Workshop, 16044-16045 2017-06370 Food and Nutrition Food and Nutrition Service NOTICES Emergency Food Assistance Program: Availability of Foods for Fiscal Year 2017, 16021 2017-06356 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Brake Parts Inc., Foreign-Trade Zone 226, Merced County, CA, 16025 2017-06378 Brake Parts Inc., Foreign-Trade Zone 24, Pittston, PA, 16026 2017-06379 Xerox Corp., Subzone 141B, Foreign-Trade Zone 141, Monroe County, NY, 16025-16026 2017-06380 Forest Forest Service NOTICES Environmental Impact Statements;
Availability, etc.: Shoshone National Forest Land Management Plan, Shoshone National Forest, WY, 16022-16024 2017-06391 Revised Land Management Plans: Francis Marion National Forest, 16021-16022 2017-06387 Health and Human Health and Human Services Department See Food and Drug Administration See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services RULES Privacy Act; Implementation of Exemptions, 15981-15982 2017-06327 Indian Health Indian Health Service NOTICES Proposed Re-designations of Service Delivery Areas:
Tolowa Deeni' Nation (Smith River Rancheria), 16045-16052 2017-06383 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Plan Administrator Return of Funds, 16086-16087 2017-06392 Meetings: Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 16087 2017-06393 International Trade Com International Trade Commission NOTICES Complaints:
Certain LTE Wireless Communication Devices and Components Thereof, 16061-16062 2017-06347 Labor Department Labor Department See Labor Statistics Bureau See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Benefits Timeliness and Quality Review System, 16062-16063 2017-06373 Federal Transit Act Urban Program Transit Worker Protections, 16063-16064 2017-06372 Labor Statistics Labor Statistics Bureau NOTICES Meetings:
Data Users Advisory Committee, 16065 2017-06345 Requests for Nominations: Technical Advisory Committee, 16064-16065 2017-06341 Land Land Management Bureau NOTICES Realty Actions: Recreation and Public Purposes Act Classification for Conveyance of Public Lands in Cibola County, NM, 16059-16060 2017-06346 Mine Mine Safety and Health Administration NOTICES Affirmative Decisions on Petitions for Modifications Granted in Whole or in Part, 16069-16070 2017-06339 Petitions for Modifications:
Application of Existing Mandatory Safety Standards, 16067-16073 2017-06342 2017-06343 2017-06344 Applications of Existing Mandatory Safety Standards, 16065-16067 2017-06340 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16073 2017-06353 National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16073-16074 2017-06326 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institute of Standards and Technology NOTICES Meetings:
Visiting Committee on Advanced Technology, 16026 2017-06366 National Institute National Institutes of Health NOTICES Meetings: National Institute of Allergy and Infectious Diseases, 16052 2017-06331 National Institute on Aging, 16052 2017-06329 National Institute on Alcohol Abuse and Alcoholism, 16052 2017-06330 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Fisheries of South Atlantic; South Atlantic Fishery Management Council, 16027-16028 2017-06377 Mid-Atlantic Fishery Management Council, 16027 2017-06375 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 16074-16075 2017-06371 Exemptions and Combined Licenses; Amendments: Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric and Gas Co. Annex and Radwaste Building Changes; Correction, 16074 2017-06368 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Cape Wind Energy Project, 16060 2017-06103 Gulf of Mexico Outer Continental Shelf Lease Sale, 16060-16061 2017-06102 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Motions Concerning Mail Preparation Changes, 16015-16018 2017-06355 Presidential Documents Presidential Documents EXECUTIVE ORDERS Energy Independence and Economic Growth;
Promotion Efforts (EO 13783), 16091-16097 2017-06576 ADMINISTRATIVE ORDERS Defense and National Security: Cyber-Enabled Malicious Activities; Continuation of National Emergency (Notice of March 29, 2017), 16099 2017-06583 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16024 2017-06338 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 15993-15995 2017-06290 NOTICES Self-Regulatory Organizations;
Proposed Rule Changes: International Securities Exchange, LLC, 16084-16086 2017-06334 Nasdaq Stock Market, LLC, 16075-16082 2017-06333 New York Stock Exchange, LLC, 16082-16084 2017-06332 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16086 2017-06358 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Philosophy Chamber: Art and Science in Harvard's Teaching Cabinet, 1766-1820, 16086 2017-06354 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES North Dakota Regulatory Program, 16009-16010 2017-06396 Virginia Regulatory Program, 16010-16012 2017-06397 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Internal Revenue Service U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16053-16054 2017-06494 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for and Consent to Release of Information from Claimant's Records, 16088-16089 2017-06350 Shoulder and Arm Conditions Disability Benefits Questionnaire, 16088 2017-06349 VA Request for Determination of Reasonable Value, 16087-16088 2017-06348 Separate Parts In This Issue Part II Presidential Documents, 16091-16097, 16099 2017-06576 2017-06583 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. 82 61 Friday, March 31, 2017 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2016-0075] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement
(ULE)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/United States Coast Guard-031 USCG Law Enforcement
(ULE)System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the “Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement
(ULE)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 March 31, 2017. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG-61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. 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: Background The Department of Homeland Security
(DHS)United States Coast Guard
(USCG)published a Notice of Proposed Rulemaking
(NPRM)in the **Federal Register** , 81 FR 88635, December 8, 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. The system of records is the DHS/USCG-031 USCG Law Enforcement
(ULE)System of Records. The DHS/USCG-031 USCG Law Enforcement
(ULE)System of Records notice was published concurrently in the **Federal Register** , 81 FR 88697, December 8, 2016, and comments were invited on both the NPRM and System of Records Notice (SORN). Public Comments DHS received no comments on the NPRM and no comments on the SORN. 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. Revise the authority citation for part 5 to read as follows: Authority: 6 U.S.C. 101 *et seq.;* Pub. L. 107-296, 116 Stat. 2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a. 2. Add at the end of appendix C to part 5, paragraph 77 to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 77. The DHS/USCG-031 USCG Law Enforcement
(ULE)System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/USCG-031 USCG Law Enforcement
(ULE)System of Records is a repository of information held by DHS 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/USCG-031 USCG Law Enforcement
(ULE)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)(3-4); (d); (e)(1-3), (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), (e)(4)(H), (e)(4)(I); and (f). When a record received from another system has been exempted in that source system under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those records that are claimed for the original primary systems 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 24, 2017. Jonathan R. Cantor, Acting Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2017-06327 Filed 3-30-17; 8:45 am]
Connectionstraces to 4
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- 6 CFR 5
- Pub. L. 107-296
- 116 Stat. 2135
Citation graph
cites case law
Unknown
Final rule
Cite6 CFR 5
Pub. L.Pub. L. 107-296
Stat.116 Stat. 2135
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