Unknown. Interim final rule

4,068 words·~18 min read·/register/2017/11/06/2017-24042

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-2017-11-06.xml --- 82 213 Monday, November 6, 2017 Contents Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Medical Technology Enterprise Consortium, 51433 2017-24101 Children Children and Families Administration NOTICES Issuance of Final Policies: Adopting Administration for Native Americans Program Policies and Procedures, 51418-51419 2017-24124 Civil Rights Civil Rights Commission NOTICES Meetings:

Colorado Advisory Committee, 51385-51386 2017-24021 Georgia Advisory Committee, 51384 2017-24035 Louisiana Advisory Committee, 51385 2017-24020 Tennessee Advisory Committee, 51384-51385 2017-24036 Coast Guard Coast Guard RULES Safety Zones: Delaware River Pipeline Removal, 51347-51349 2017-24068 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee Implementation Committee for the Implementation of Textile Agreements NOTICES Commercial Availability Requests under the U.S.-Morocco Free Trade Agreement, 51400-51402 2017-24088 2017-24089 Copyright Office Copyright Office, Library of Congress PROPOSED RULES Group Registration of Newspapers, 51369-51380 2017-23917 Council Inspectors Council of the Inspectors General on Integrity and Efficiency RULES Privacy Act Regulations, 51333-51335 2017-24042 NOTICES Privacy Act;

System of Records, 51402-51411 2017-24038 2017-24041 2017-24043 2017-24044 Defense Department Defense Department See Navy Department RULES Federal Acquisition Regulations: Federal Acquisition Circular 2005-96; Small Entity Compliance Guide, 51526-51527 2017-23598 Federal Acquisition Circular 2005-96; Introduction, 51526 2017-23589 Removal of Fair Pay and Safe Workplaces Rule, 51527-51531 2017-23590 Drug Drug Enforcement Administration NOTICES Decisions and Orders: ChipRX, L.L.C., d/b/a City Center Pharmacy, 51433-51439 2017-24093 Manufacturers of Controlled Substances;

Applications: Cerilliant Corp., 51439-51440 2017-24090 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Family Educational Loan Program—Administrative Requirements for States, Not-For-Profit Lenders, and Eligible Lenders Trustees, 51413-51414 2017-24025 National Evaluation of the Investing in Innovation Program, 51414 2017-24060 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors, 51350-51351 2017-24116 New Hampshire; Rules for Open Burning and Incinerators; Withdrawal of Direct Final Rule, 51349-51350 2017-24113 Tolerance Exemptions: Formaldehyde, polymer with 1,3-benzenediol, 2-methyloxirane and oxirane, ethers with polyethylene glycol mono-Me ether, 51351-51354 2017-24110 Formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether, 51355-51358 2017-24111 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors, 51380 2017-24114 National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry: Residual Risk and Technology Review, 51380-51381 2017-24092 NOTICES Meetings: New Chemicals Review Program Implementation, etc., 51415-51417 2017-24112 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters (Type Certificate Previously Held by Eurocopter France), 51338-51340 2017-23193 Bombardier, Inc., Airplanes, 51335-51338 2017-23346 Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) Airplanes, 51340-51342 2017-23344 Amendment of Class E Airspace:

Seward, NE, 51342-51344 2017-24014 Amendment of Multiple Restricted Areas: Vandenberg AFB, CA, 51344-51345 2017-24103 PROPOSED RULES Airworthiness Directives: Fokker Services B.V. Airplanes, 51364-51367 2017-23990 Viking Air Limited Airplanes, 51367-51369 2017-23808 NOTICES Meetings: Fifty Third RTCA SC-224 Standards for Airport Security Access Control Systems Plenary, 51470 2017-24030 Thirty Sixth RTCA SC-213 Enhanced Flight Vision Systems/Synthetic Vision Systems Joint Plenary with EUROCAE Working Group 70, 51470-51471 2017-24031 Federal Communications Federal Communications Commission NOTICES Incentive Auction Task Force and Media Bureau Announce the Initial Reimbursement Allocation for Eligible Broadcasters and Multichannel Video Programming Distributors, 51417 2017-24024 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 51417-51418 2017-24119 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance:

Port Authority Trans-Hudson Corp., 51471 2017-24037 Fish Fish and Wildlife Service RULES Migratory Bird Hunting: Corrosion-Inhibited Copper Shot as Nontoxic for Waterfowl Hunting; Approval, 51358-51362 2017-24117 PROPOSED RULES Mitigation Policies, 51382-51383 2017-23965 NOTICES Incidental Take Permits Applications: Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander; Phillips 66 Line 300 Project, Santa Barbara County, CA, 51428-51429 2017-24084 Food and Drug Food and Drug Administration RULES Guidance:

Supply-Chain Program Requirements and Co-Manufacturer Supplier Approval and Verification for Human Food and Animal Food, 51345-51347 2017-24098 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51424 2017-24121 Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Petitions for Exemption From Preemption, 51421 2017-24106 Substantiation for Dietary Supplement Claims Made Under the Federal Food, Drug, and Cosmetic Act, 51425-51427 2017-24123 Guidance:

Abbreviated New Drug Applications—Pre-Submission of Facility Information Related to Prioritized Generic Drug Applications (Pre-Submission Facility Correspondence), 51421-51424 2017-24099 Formal Dispute Resolution: Sponsor Appeals Above the Division Level, 51419-51420 2017-24096 General Services General Services Administration RULES Federal Acquisition Regulations: Federal Acquisition Circular 2005-96; Small Entity Compliance Guide, 51526-51527 2017-23598 Federal Acquisition Circular 2005-96;

Introduction, 51526 2017-23589 Removal of Fair Pay and Safe Workplaces Rule, 51527-51531 2017-23590 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service See National Park Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China, 51392-51393 2017-24073 Certain Lined Paper Products from India, 51390-51392 2017-24070 Fine Denier Polyester Staple Fiber from India, 51387-51389 2017-24078 Fine Denier Polyester Staple Fiber from the People's Republic of China, 51396-51397 2017-24079 Fresh Garlic from the People's Republic of China, 51394 2017-24071 Large Power Transformers from the Republic of Korea, 51395-51396 2017-24072 Stainless Steel Bar from Brazil, India, Japan, and Spain, 51393-51394 2017-24074 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 51389-51390 2017-24075 Utility Scale Wind Towers from the Socialist Republic of Vietnam, 51386-51387 2017-24080 International Trade Com International Trade Commission NOTICES Complaints:

Certain Memory Modules and Components Thereof, 51431-51432 2017-24055 Self-Anchoring Beverage Containers, 51430-51431 2017-24054 Meetings; Sunshine Act, 51431-51432 2017-24181 2017-24182 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration Labor Department Labor Department RULES Fair Pay and Safe Workplaces, 51358 2017-23588 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations:

Federal Acquisition Circular 2005-96; Small Entity Compliance Guide, 51526-51527 2017-23598 Federal Acquisition Circular 2005-96; Introduction, 51526 2017-23589 Removal of Fair Pay and Safe Workplaces Rule, 51527-51531 2017-23590 NOTICES Centennial Challenges: 3D-Printed Habitat Challenge, 51440-51441 2017-24107 Meetings: NASA Advisory Council; Science Committee, 51441 2017-24108 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Minority Depository Institution Preservation Program, 51441-51442 2017-24061 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 51427-51428 2017-24032 National Institute of Allergy and Infectious Diseases, 51428 2017-24033 National Institute of Mental Health, 51427 2017-24034 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States:

Essential Fish Habitat, 51492-51523 2017-23752 Fisheries Off West Coast States: Coastal Pelagic Species Fisheries; Amendment 16 to the Coastal Pelagic Species Fishery Management Plan, 51381-51382 2017-24097 NOTICES Environmental Assessments; Availability, etc.: Effects of Issuing an Incidental Take Permit No. 21293, 51398-51399 2017-24115 Meetings: Western Pacific Fishery Management Council; Cancellation, 51400 2017-24062 Permits: Marine Mammals; File No. 20626, 51397-51398 2017-24029 National Park National Park Service NOTICES Boundary Revisions:

Obed Wild and Scenic River, 51429 2017-24053 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 51442 2017-24133 Navy Navy Department NOTICES Government-Owned Inventions; Available for Licensing, 51411-51413 2017-24064 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Naturally-Occurring and Accelerator-Produced Radioactive Materials, 51363 2017-24122 NOTICES Meetings; Sunshine Act, 51442 2017-24140 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 51442-51443 2017-24094 Postal Service Postal Service NOTICES Product Changes:

Priority Mail Express and Priority Mail Negotiated Service Agreement, 51444 2017-24039 Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 51443 2017-24040 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Critical Infrastructure Security and Resilience Month (Proc, 9665), 51533-51536 2017-24278 National Adoption Month (Proc. 9666), 51537-51538 2017-24289 National Entrepreneurship Month (Proc. 9667), 51539-51540 2017-24293 National Family Caregivers Month (Proc. 9668), 51541-51542 2017-24294 National Native American Heritage Month (Proc. 9669), 51543-51544 2017-24295 National Veterans and Military Families Month (Proc. 9670), 51545-51548 2017-24299 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements;

Availability, etc.: North Bay Water Recycling Program Phase 2, California, 51429-51430 2017-24085 Securities Securities and Exchange Commission NOTICES Exemptions for Certain Broker-Dealers From Specified Provisions of the Recordkeeping, Reporting, and Monitoring Responsibilities, 51449-51453 2017-24056 Self-Regulatory Organizations; Proposed Rule Changes: Cboe EDGX Exchange, Inc., 51461-51467 2017-24051 Investors Exchange LLC, 51455-51457 2017-24048 Nasdaq ISE, LLC, 51453-51455 2017-24050 NYSE Arca, Inc., 51447-51449 2017-24045 The Depository Trust Co., 51444-51447 2017-24049 The Nasdaq Stock Market LLC, 51453 2017-24046 The NASDAQ Stock Market LLC, 51457-51461 2017-24047 State Department State Department NOTICES Determinations:

Department of State, Foreign Operations, and Related Programs Appropriations Act, 51467 2017-24091 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Seminole Gulf Railway, LP, Sarasota County, FL, 51467-51468 2017-23963 Trade Representative Trade Representative, Office of United States NOTICES Requests for Nominations: Binational Panels Roster Under the North American Free Trade Agreement, 51468-51470 2017-24027 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration NOTICES Fiscal Year 2016 Service Contract Inventory, 51471-51472 2017-24077 Treasury Treasury Department See United States Mint U.S.

China U.S.-China Economic and Security Review Commission NOTICES Meetings: 2017 Annual Report to Congress, 51475 2017-24120 U.S. Mint United States Mint NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51472-51475 2017-24087 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cooperative Studies Program, 51482-51483 2017-24057 Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances, 51482 2017-24058 Funding Availability:

Homeless Providers Grant and Per Diem Program, 51476-51482 2017-24086 Supportive Services for Veteran Families Program, 51483-51489 2017-24118 Privacy Act; Systems of Records, 51475-51476 2017-24076 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 51492-51523 2017-23752 Part III Defense Department, 51526-51531 2017-23598 2017-23589 2017-23590 General Services Administration, 51526-51531 2017-23598 2017-23589 2017-23590 National Aeronautics and Space Administration, 51526-51531 2017-23598 2017-23589 2017-23590 Part IV Presidential Documents, 51533-51544 2017-24278 2017-24289 2017-24293 2017-24294 2017-24295 Part V Presidential Documents, 51545-51548 2017-24299 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. 82 213 Monday, November 6, 2017 Rules and Regulations COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY 5 CFR Part 9801 RIN 3219-AA00 Privacy Act Regulations AGENCY: Council of the Inspectors General on Integrity and Efficiency.

ACTION: Interim final rule. SUMMARY: The Council of the Inspectors General on Integrity and Efficiency (CIGIE) is updating its regulations addressing procedures relating to access, maintenance, disclosure, and amendment of records that are in a CIGIE system of records under the Privacy Act of 1974 (Privacy Act) to implement changes in accordance with the Inspector General Empowerment Act of 2016 and to make minor typographical corrections. DATES: This interim final rule is effective November 6, 2017.

Written comments may be submitted by December 6, 2017. ADDRESSES: You may submit comments by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Email: comments@cigie.gov.* • *Fax:*

(202)254-0162. • *Mail:* Atticus J. Reaser, General Counsel, Council of the Inspectors General on Integrity and Efficiency, 1717 H Street NW., Suite 825, Washington, DC 20006. • *Hand Delivery/Courier:* Council of the Inspectors General on Integrity and Efficiency, 1717 H Street NW., Suite 825, Washington, DC 20006. FOR FURTHER INFORMATION CONTACT: Atticus J. Reaser, General Counsel, CIGIE,

(202)292-2600. SUPPLEMENTARY INFORMATION: Background Information CIGIE published its final rule to provide the procedures and guidelines under which CIGIE implements the Privacy Act in the **Federal Register** , 81 FR 86563, December 1, 2016. The final rule is reflected in part 9801 of the Code of Federal Regulations. On December 16, 2016, the Inspector General Empowerment Act of 2016, Public Law 114-317, 130 Stat. 1595

(IGEA)was signed into law by the President thereby amending the Inspector General Act of 1978, as amended, 5 U.S.C. app., (IG Act) and expanding CIGIE's records maintenance responsibilities to include maintenance of the records of CIGIE's Integrity Committee

(IC)by CIGIE's Chairperson. IC records were previously maintained pursuant to the IG Act by the Federal Bureau of Investigation. In order to conform to the IGEA and meet its obligations thereunder, CIGIE is amending its regulations implementing the Privacy Act. Specifically, CIGIE is amending 5 CFR 9801.102 to accurately reflect the changed custodianship of IC records and adding a new subpart D to address the exemptions necessary to maintain the Privacy Act system of records associated with IC records. CIGIE is also making three minor typographical corrections. Administrative Procedure Act Pursuant to 5 U.S.C. 553(d)(3), CIGIE has found that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these amendments and for issuing this interim final rule without a delayed effective date. The notice and comment procedures are being waived because these amendments are being made in accordance with the mandates of the IGEA, which took effect without delay on December 16, 2016. Additionally, these amendments specify exemptions regarding the public's access to information about themselves maintained by CIGIE. The absence of well-defined exemptions to the Privacy Act regulations could impair confidentiality and privacy rights of those who submit sensitive information to CIGIE and the ability of CIGIE to use that information to carry out its statutory mission. Executive Orders 12866 and 13563 In promulgating this amended rule, CIGIE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. The Office of Management and Budget

(OMB)has determined that this rule is not “significant” under Executive Order 12866. Regulatory Flexibility Act These amended regulations will not have a significant economic impact on a substantial number of small entities. Therefore, a regulatory flexibility analysis under the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act These amended regulations impose no additional reporting and recordkeeping requirements. Therefore, clearance by OMB is not required. Federalism (Executive Order 13132) This amended rule does not have Federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. List of Subjects in 5 CFR Part 9801 Information, Privacy, Privacy Act, Records. For the reasons set forth in the preamble, CIGIE amends part 9801 to title 5 of the Code of Federal Regulations as follows: PART 9801—PRIVACY ACT REGULATIONS 1. The authority citation for part 9801 continues to read as follows: Authority: Section 11 of the Inspector General Act of 1978, as amended, 5 U.S.C. app.; 5 U.S.C. 301, 552a; 31 U.S.C. 9701. 2. Revise § 9801.102 to read as follows: § 9801.102 CIGIE organization.

(a)*Centralized program.* CIGIE has a centralized Privacy Act program, with one office receiving and coordinating the processing of all Privacy Act requests to CIGIE.

(b)*Acceptance of requests and appeals.* CIGIE will accept initial requests or appeals regarding CIGIE records. 3. Amend § 9801.105 by revising paragraphs

(d)and

(i)to read as follows: § 9801.105 Employee standards of conduct.

(d)Maintain no system of records without public notice and notify appropriate CIGIE officials of the existence or development of any system of records that is not the subject of a current or planned public notice;

(i)Maintain and use records with care to prevent the unauthorized or inadvertent disclosure of a record to anyone. No record contained in a CIGIE system of records shall be disclosed to another person, or to another agency outside CIGIE, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless the disclosure is otherwise authorized by the Privacy Act; and 4. Amend § 9801.301 by revising paragraph (b)(2) to read as follows: § 9801.301 Requests for amendment of record.

(b)* * *

(2)The exact portion of the record the requester seeks to have amended should be indicated clearly. If possible, proposed alternative language should be set forth, or, at a minimum, the reasons why the requester believes the record is not accurate, relevant, timely, or complete should be set forth with enough particularity to permit CIGIE to not only understand the requester's basis for the request, but also to make an appropriate amendment to the record. 5. Add subpart D to read as follows: Subpart D—Exemptions § 9801.401 Exemptions.

(a)*General policy.* Systems of records maintained by CIGIE are authorized to be exempted from certain provisions of the Privacy Act under the general and specific exemptions set forth in the Privacy Act. In utilizing these exemptions, CIGIE is exempting only those portions of systems that are necessary for the proper functioning of CIGIE and that are consistent with the Privacy Act. Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, *e.g.,* public source materials, the applicable exemption may be waived, either partially or totally, by CIGIE, at the sole discretion of CIGIE, as appropriate.

(b)*Specific system of records exempted under (j)(2), (k)(1), and (k)(2).* The system of records maintained in connection with CIGIE's Integrity Committee, the Integrity Committee Management System (CIGIE-04), is subject to general exemption under 5 U.S.C. 552a(j)(2) and the specific exemptions under 5 U.S.C. 552a(k)(1) and (2). These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2). Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, *e.g.,* public source materials, the applicable exemption may be waived, either partially or totally, by CIGIE, at the sole discretion of CIGIE, as appropriate.

(1)Pursuant to the provisions of 5 U.S.C. 552a(j)(2), CIGIE-04 is exempt from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G)-(H), (e)(5), and (e)(8); (f); and (g).

(2)Pursuant to the provisions of 5 U.S.C. 552a(k)(1) and (2), CIGIE-04 is exempt from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1) and (e)(4)(G)-(H); and (f).

(3)Exemptions from the particular subsections are justified for the following reasons:

(i)From subsection (c)(3) because release of disclosure accounting could alert the subjects of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation and the fact that they are subjects of the investigation, and reveal investigative interest by not only CIGIE, through the IC, but also by external agencies such as the Public Integrity Section of the Department of Justice. Because release of such information to the subjects of an investigation would provide them with significant information concerning the nature of the investigation, release could result in the destruction of documentary evidence, improper influencing of witnesses, and other activities that could impede or compromise the investigation. In addition, accounting for each disclosure could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy.

(ii)From subsection (c)(4) because this system is exempt from the access provisions of subsection

(d)pursuant to subsections

(j)and

(k)of the Privacy Act.

(iii)From the access and amendment provisions of subsection

(d)because access to the records contained in this system of records could inform the subjects of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation and of the nature and scope of the information and evidence obtained as to their activities. Such awareness by the subjects could prevent the successful completion of an investigation and/or lead to the improper influencing of witnesses, the destruction of evidence, or fabricated testimony. In addition, granting access to such information could disclose security-sensitive or confidential business information or information that would constitute an unwarranted invasion of the personal privacy of third parties. Finally, access to the records could result in the release of classified information which would compromise the national defense or disrupt foreign policy. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.

(iv)From subsection (e)(1) because the application of this provision could impair investigations and interfere with the law enforcement responsibilities of CIGIE through the IC for the following reasons:

(A)It is not possible to detect relevance or necessity of specific information in the early stages of a civil, criminal, or other law enforcement investigation, case, or matter, including investigations in which use is made of classified information. Relevance and necessity are questions of judgment and timing, and it is only after the information is evaluated that the relevance and necessity of such information can be established.

(B)During the course of any investigation, CIGIE, through the IC, may obtain information concerning actual or potential violations of laws other than those within the scope of its jurisdiction. In the interest of effective law enforcement, CIGIE should retain this information, as it may aid in establishing patterns of criminal activity and can provide valuable leads for Federal and other law enforcement agencies.

(C)In interviewing individuals or obtaining other forms of evidence during an investigation, information may be supplied to an investigator that relates to matters incidental to the primary purpose of the investigation but which may relate also to matters under the investigative jurisdiction of another agency. Such information cannot readily be segregated.

(v)From subsection (e)(2) because, in some instances, the application of this provision would present a serious impediment to law enforcement for the following reasons:

(A)The subjects of an investigation would be placed on notice as to the existence of an investigation and would therefore be able to avoid detection or apprehension, to improperly influence witnesses, to destroy evidence, or to fabricate testimony.

(B)In certain circumstances the subjects of an investigation cannot be required to provide information to investigators, and information relating to their illegal acts, violations of rules of conduct, or any other misconduct must be obtained from other sources.

(C)In any investigation it is necessary to obtain evidence from a variety of sources other than the subjects of the investigation.

(vi)From subsection (e)(3) because the application of this provision would provide the subjects of an investigation with substantial information which could impede or compromise the investigation.

(vii)From subsection (e)(4)(G)-(I) because this system of records is exempt from the access provisions of subsection (d).

(viii)From subsection (e)(5) because the application of this provision may prevent the collection of any data not shown to be accurate, relevant, timely, and complete at the moment it is collected. In the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Material which may seem unrelated, irrelevant, or incomplete when collected may take on added meaning or significance as an investigation progresses. The restrictions of this provision could interfere with the preparation of a complete investigative report, and thereby impede effective law enforcement.

(ix)From subsection (e)(8) because the application of this provision could prematurely reveal an ongoing criminal investigation to the subjects of an investigation and could reveal investigative techniques, procedures, or evidence.

(x)From subsection

(f)because CIGIE's rules are inapplicable to those portions of the system that are exempt and would place the burden on CIGIE of either confirming or denying the existence of a record pertaining to a requesting individual, which might in itself provide an answer to that individual relating to an ongoing investigation. The conduct of a successful investigation leading to the indictment of a criminal offender precludes the applicability of established agency rules relating to verification of record, disclosure of the record to that individual, and record amendment procedures for this record system.

(xi)From subsection

(g)to the extent that this system is exempt from the access and amendment provisions of subsection

(d)pursuant to subsections (j)(2), (k)(1), and (k)(2) of the Privacy Act. Dated: October 23, 2017. Michael E. Horowitz, Chairperson of the Council of the Inspectors General on Integrity and Efficiency. [FR Doc. 2017-24042 Filed 11-3-17; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

public-private-law