Unknown. Final rule

3,586 words·~16 min read·/register/2020/02/28/2020-02943·

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-2020-02-28.xml --- 85 40 Friday, February 28, 2020 Contents Agency Agency for International Development RULES Acquisition Regulation: Designation of Personal Services Contractors as Contracting Officers and Agreement Officers, 11859-11861 2020-03408 Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rate: Tart Cherries Grown in the States of Michigan, et al., 11830-11832 2020-03524 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Establishment of the Verde Valley Viticultural Area, 11894-11900 2020-04012 Animal Animal and Plant Health Inspection Service RULES Establishment of Regulations for the Evaluation and Recognition of the Animal Health Status of Compartments, 11833-11836 2020-03719 Antitrust Division Antitrust Division NOTICES Proposed Final Judgment and Competitive Impact Statement:

United States v. Olympus Growth Fund VI, L.P., et al., 12017-12030 2020-04119 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Guidance Documents, 11949-11950 2020-04058 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Privacy Act; Systems of Records, 11974-11976 2020-02629 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11988-11995 2020-04083 2020-04084 2020-04081 2020-04082 Meetings:

Clinical Laboratory Improvement Advisory Committee, 11993 2020-04068 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 11992-11993 2020-04098 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11996-11997 2020-04067 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Refugee Resettlement Unaccompanied Refugee Minors Program Application and Withdrawal of Application or Declination of Placement Form, 11997 2020-04136 Personal Responsibility Education Program Performance Measures and Adulthood Preparation Subjects Studies, 11995-11996 2020-04085 Civil Rights Civil Rights Commission NOTICES Meetings;

Sunshine Act, 11951 2020-04233 2020-04234 Coast Guard Coast Guard RULES Special Local Regulation:, 11844-11846 2020-03462 Temporary Safety Zone: Blowfish Experiment; Juneau, AK, 11846-11848 2020-03648 PROPOSED RULES Safety Zones: New Jersey Intracoastal Waterway, Atlantic City, NJ, 11904-11906 2020-04087 Special Local Regulation: Sail Grand Prix 2020 Race Event; San Francisco, CA, 11900-11904 2020-03993 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Guidance Documents, 11971-11972 2020-04112 Procurement List;

Additions and Deletions, 11972-11974 2020-04114 2020-04115 Commodity Credit Commodity Credit Corporation NOTICES Future Competitive Grant Funds Availability for Higher Blends Infrastructure Incentive Program for Fiscal Year 2020, 11946-11947 2020-03831 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds, 12120-12206 2020-02707 Comptroller Comptroller of the Currency PROPOSED RULES Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds, 12120-12206 2020-02707 Copyright Royalty Board Copyright Royalty Board RULES Ephemeral Recording and Digital Performance of Sound Recordings (Web V):

Determination of Royalty Rates and Terms, 11857-11859 2020-03305 NOTICES Intent to Audit, 12031 2020-04102 Defense Department Defense Department RULES Health Promotion, 11842 2020-04045 Military Lending Act Limitations on Terms of Consumer Credit Extended to Service Members and Dependents, 11842-11844 2020-04041 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting Purchases from Sources Outside the United States, 11987-11988 2020-04110 Arms Sales, 11976-11980 2020-04142 2020-04144 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Hearing, 11980-11981 2020-04133 Education Department Education Department RULES State Vocational Rehabilitation Services Program, 11848-11857 2020-03208 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Protection and Advocacy of Individual Rights Program Performance Report, 11981-11982 2020-04123 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Louisiana; Infrastructure for the 2015 Ozone National Ambient Air Quality Standards, 11931-11937 2020-04065 Louisiana; Withdrawal of Stage II Vapor Recovery Systems Requirements, 11928-11931 2020-04064 National Pollutant Discharge Elimination System Electronic Reporting Rule:

Phase 2 Extension, 11909-11927 2020-02889 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Stationary Reciprocating Internal Combustion Engines, 11984-11985 2020-04062 Water Quality Certification Regulations, 11985-11986 2020-04063 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 11986 2020-04107 Public Guidance Portal, 11986-11987 2020-04034 Executive Office Executive Office for Immigration Review PROPOSED RULES Executive Office for Immigration Review;

Fee Review, 11866-11876 2020-03784 Federal Aviation Federal Aviation Administration RULES Amendment of VHF Omnidirectional Range

(VOR)Federal Airway V-71 and Area Navigation Route T-285 Due to the Decommissioning of the Winner, SD, VOR, 11841 C1-2020-03280 Special Conditions: The Boeing Company Model 777-9 Series; Overhead Flight Attendant Rest Compartment, 11836-11841 2020-03475 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 11879-11881 2020-04043 ATR-GIE Avions de Transport Regional Airplanes, 11876-11879 2020-03547 NOTICES Airport Improvement Program Grant Assurances, 12048-12050 2020-04139 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds, 12120-12206 2020-02707 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Debt Collection Financial Statement, 12001 2020-04128 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Petition for Rulemaking: Liquids Shippers Group, Airlines for America, and the National Propane Gas Association, 11890-11893 2020-04069 NOTICES Application: Kaweah River Power Authority, Terminus Hydroelectric, LLC, 11984 2020-04130 Combined Filings, 11982-11984 2020-04127 2020-04129 Supplemented Complaint: Complaint of Michael Mabee Related to Critical Infrastructure Reliability Standard, 11983 2020-04126 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 11987 2020-04090 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Crime Prevention for Truckers, 12050-12051 2020-04100 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 12051-12052 2020-04141 Federal Reserve Federal Reserve System PROPOSED RULES Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds, 12120-12206 2020-02707 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Application for an Incidental Take Permit, Timber Road II, III, and IV Wind Farms, Paulding County, OH, 12007-12009 2020-04046 Food and Drug Food and Drug Administration PROPOSED RULES Laboratory Accreditation for Analyses of Foods, 11893-11894 2020-03944 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Proposed East Smoky Panel Mine Project at Smoky Canyon Mine, Caribou County, ID, 12014-12015 2020-03970 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting Purchases from Sources Outside the United States, 11987-11988 2020-04110 Senior Executive Service Performance Review Board, 11988 2020-04105 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Charter Amendment: National Advisory Council on the National Health Service Corps, 11997-11998 2020-04088 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection RULES Disclosure of Records and Information Regulations; Technical Amendment, 11829-11830 2020-02943 Housing Housing and Urban Development Department NOTICES Administrative Guidelines: Subsidy Layering Review for Project-Based Vouchers, 12001-12007 2020-04147 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Farmington Mancos-Gallup Resource Plan Amendment; New Mexico, 12012-12014 2020-04111 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving Customer Experience, 12010-12011 2020-04040 Guidance Documents, 12009-12010 2020-04097 Internal Revenue Internal Revenue Service RULES Base Erosion and Anti-Abuse Tax; Correction, 11841-11842 2020-03277 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Wooden Cabinets and Vanities and Components Thereof from the People's Republic of China, 11962-11965 2020-04120 Covered Merchandise Referral and Initiation of Scope Inquiry: Diamond Sawblades and Parts Thereof from the People's Republic of China, 11951-11953 2020-04118 Determination of Sales at Less Than Fair Value: Wooden Cabinets and Vanities and Components Thereof from the People's Republic of China, 11953-11962 2020-04121 Determinations in the Less-Than-Fair-Value Investigations: Forged Steel Fittings from India and the Republic of Korea, 11965-11966 2020-04122 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Argon Plasma Coagulation System Probes, Their Components, and Other Argon Plasma Coagulation System Components for Use Therewith, 12016-12017 2020-04109 Certain Toner Cartridges, Components Thereof, and Systems Containing Same, 12015-12016 2020-04108 Justice Department Justice Department See Antitrust Division See Executive Office for Immigration Review NOTICES Proposed Consent Decree: United States v. George Gradel Co., Inc., et al., 12030-12031 2020-04079 Land Land Management Bureau NOTICES Alaska Native Claims Selction, 12011-12012, 12015 2020-04131 2020-04132 Environmental Impact Statements; Availability, etc.: Farmington Mancos-Gallup Resource Plan Amendment; New Mexico, 12012-12014 2020-04111 Proposed East Smoky Panel Mine Project at Smoky Canyon Mine, Caribou County, ID, 12014-12015 2020-03970 Library Library of Congress See Copyright Royalty Board Maritime Maritime Administration NOTICES Request for Comments: Inventory of U.S.-Flag Launch Barges, 12053-12054 2020-04057 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel ALEMANDE (Motor Vessel), 12055-12056 2020-04049 Vessel DOCKTALES (Motor Vessel), 12058-12059 2020-04050 Vessel EPIPHANY (Sailing Catamaran), 12052-12053 2020-04054 Vessel JUNO (Sailboat), 12057-12058 2020-04051 Vessel KISKEEDEE (Sailboat), 12056-12057 2020-04052 Vessel WATER LILY (Motor Vessel), 12054-12055 2020-04053 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting Purchases from Sources Outside the United States, 11987-11988 2020-04110 National Archives National Archives and Records Administration NOTICES Agency Guidance; Portal, 12031-12032 2020-04157 National Highway National Highway Traffic Safety Administration NOTICES Receipt of Petition for Decision of Inconsequential Noncompliance: FCA US, LLC, 12059-12062 2020-04106 National Institute National Institutes of Health NOTICES Meetings: National Institute of Mental Health, 11999 2020-04061 National Institute on Alcohol Abuse and Alcoholism, 11998 2020-04066 National Institute on Drug Abuse, 11998-11999 2020-04060 National Oceanic National Oceanic and Atmospheric Administration RULES Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region: 2019-2020 Closure of Commercial Run-Around Gillnet for King Mackerel, 11861-11862 2020-04092 Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; Interim 2020 Recreational Measures, 11863-11865 2020-03523 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; Amendment 51, 11937-11939 2020-04091 Fisheries of the Exclusive Economic Zone off Alaska: Modifying Seasonal Allocations of Pollock and Pacific Cod for Trawl Catcher Vessels in the Central and Western Gulf of Alaska, 11939-11945 2020-03777 NOTICES Application: Marine Mammals; File No. 23283, 11966-11967 2020-04080 Meetings: Advisory Committee on Commercial Remote Sensing, 11968 2020-04059 Gulf of Mexico Fishery Management Council, 11969-11970 2020-04140 Hydrographic Services Review Panel, 11966 2020-03892 Pacific Fishery Management Council, 11970 2020-04143 U.S. Stakeholder Meeting on Pacific Bluefin Tuna Fishery Management Framework, 11967-11968 2020-04095 Request for Applications: Ocean Exploration Advisory Board, 11968-11969 2020-04125 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Geosciences, 12032 2020-04047 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Law School Clinic Certification Program, 11971 2020-04135 Secrecy and License to Export, 11970-11971 2020-04134 Pension Benefit Pension Benefit Guaranty Corporation NOTICES New Guidance Document Database, 12032 2020-03977 Rural Business Rural Business-Cooperative Service NOTICES Future Competitive Grant Funds Availability for Higher Blends Infrastructure Incentive Program for Fiscal Year 2020, 11946-11947 2020-03831 Requests for Applications: Strategic Economic and Community Development Program for Fiscal Year 2020, 11947-11949 2020-04031 Rural Housing Service Rural Housing Service NOTICES Requests for Applications: Strategic Economic and Community Development Program for Fiscal Year 2020, 11947-11949 2020-04031 Rural Utilities Rural Utilities Service NOTICES Requests for Applications: Strategic Economic and Community Development Program for Fiscal Year 2020, 11947-11949 2020-04031 Securities Securities and Exchange Commission PROPOSED RULES Management's Discussion and Analysis, Selected Financial Data, and Supplementary Financial Information, 12068-12117 2020-02313 Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds, 12120-12206 2020-02707 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Nasdaq GEMX, LLC, 12037-12040 2020-04074 Nasdaq ISE, LLC, 12043-12046 2020-04072 Nasdaq MRX, LLC, 12040-12043 2020-04075 Nasdaq PHLX, LLC, 12032-12035 2020-04073 NYSE American LLC, 12035-12037 2020-04071 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Caravans of Gold, Fragments in Time: Art, Culture, and Exchange across Medieval Saharan Africa, 12046-12047 2020-04093 Malangatana: Mozambique Modern, 12047 2020-04096 Guidance Portal, 12047 2020-04101 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Treatment, 11999-12000 2020-04138 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Service Exemption: Indiana and Ohio Railway Co., Warren County, OH, 12048 2020-04104 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration PROPOSED RULES Defining Unfair or Deceptive Practices, 11881-11890 2020-03836 NOTICES Regional Infrastructure Accelerator Program, 12062-12063 2020-04099 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency See Internal Revenue Service See United States Mint Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: United States-Caribbean Basin Trade Partnership Act, 12000 2020-04048 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 12063-12064 2020-04116 Veteran Affairs Veterans Affairs Department PROPOSED RULES Elimination of On-the-Job Training and Apprenticeship Trainee Certification, 11906-11909 2020-03884 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Customer Satisfaction Surveys, 12064-12065 2020-04094 Separate Parts In This Issue Part II Securities and Exchange Commission, 12068-12117 2020-02313 Part III Commodity Futures Trading Commission, 12120-12206 2020-02707 Federal Deposit Insurance Corporation, 12120-12206 2020-02707 Federal Reserve System, 12120-12206 2020-02707 Securities and Exchange Commission, 12120-12206 2020-02707 Treasury Department, Comptroller of the Currency, 12120-12206 2020-02707 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. 85 40 Friday, February 28, 2020 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 5 [Docket No. DHS-2020-0003] Disclosure of Records and Information Regulations; Technical Amendment AGENCY: DHS, Privacy Office. ACTION: Final rule. SUMMARY: The Department of Homeland Security (“DHS”) is updating its regulations related to the procedures for disclosure of records information under the Privacy Act. Specifically, DHS is updating its regulations to state that the DHS Office of the General Counsel or its designee is the authorized appeals authority with respect to requests made under the Privacy Act. DATES: This final rule is effective on February 28, 2020. FOR FURTHER INFORMATION CONTACT: For information about this document call Jonathan R. Cantor, Chief Privacy Officer (Acting), telephone 202-343-1717. SUPPLEMENTARY INFORMATION: I. Discussion of the Rule The Department of Homeland Security (“DHS”) is updating its regulations to state that the DHS Office of the General Counsel or its designee is the authorized appeals authority with respect to requests made under the Privacy Act. 1 Pursuant to the Privacy Act, DHS promulgated regulations implementing procedures for processing requests made by an individual regarding records or information pertaining to that individual. *See* 5 U.S.C. 552a(f); 6 CFR 5.20-5.36. The regulations provide for appeals within the agency after initial adverse determinations. *See* 5 U.S.C. 552a(f)(4); 33 CFR 5.24, 5.25, 5.26, 5.27. In all instances where these regulations designate the appellate authority as the Associate General Counsel (General Law), this technical amendment updates the regulations to reflect that the appellate authority is the Office of General Counsel or its designee. 1 *See* 5 U.S.C. 552a; 6 CFR 5.20-5.36. II. Regulatory History DHS did not publish a notice of proposed rulemaking for this rule. Under Title 5 of the United States Code (U.S.C.), Section 553(b)(A), this final rule is exempt from notice and public comment rulemaking requirements because the change involves rules of agency organization, procedure, or practice. In addition, under 5 U.S.C. 553(b)(B), an agency may waive the notice and comment requirements if it finds, for good cause, that notice and comment is impracticable, unnecessary, or contrary to the public interest. DHS finds that notice and comment is unnecessary under 5 U.S.C. 553(b)(B) because the change of the named appellate authority is an agency procedural update that will have no substantive effect on the public. For the same reasons, DHS finds that good cause exists under 5 U.S.C. 553(d) for making this final rule effective immediately upon publication. III. Regulatory Analyses DHS considered numerous statutes and executive orders related to rulemaking when developing this rule. Below are summarized analyses based on these statutes or executive orders. A. Regulatory Planning and Review Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) directs agencies to reduce regulation and control regulatory costs and provides that “for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.” The Office of Management and Budget

(OMB)has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. Because this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. *See* the OMB Memorandum titled “Guidance Implementing Executive Order 13771, titled `Reducing Regulation and Controlling Regulatory Costs' ” (April 5, 2017). This rule involves non-substantive changes and internal agency practices and procedures; it will not impose any additional costs on the public. The benefit of the non-substantive change that updates internal agency procedures is increased clarity and accuracy of regulations for the public. B. Small Entities Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, DHS has considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. This rule is not preceded by a notice of proposed rulemaking. Therefore, it is exempt from the requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612). The Regulatory Flexibility Act does not apply when notice and comment rulemaking is not required. This rule consists of a technical amendment to internal agency procedures and does not have any substantive effect on the regulated industry or small businesses. C. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. D. Environment DHS reviews proposed actions to determine whether the National Environmental Policy Act

(NEPA)applies to them and if so what degree of analysis is required. DHS Directive 023-01 Rev. 01 (Directive) and Instruction Manual 023-01-001-01 Rev. 01 (Instruction Manual) establish the procedures that DHS and its components use to comply with NEPA and the Council on Environmental Quality

(CEQ)regulations for implementing NEPA, 40 CFR parts 1500 through 1508. The CEQ regulations allow federal agencies to establish, with CEQ review and concurrence, categories of actions (“categorical exclusions”) which experience has shown do not individually or cumulatively have a significant effect on the human environment and, therefore, do not require an Environmental Assessment

(EA)or Environmental Impact Statement (EIS). 40 CFR 1507.3(b)(2)(ii), 1508.4. For an action to be categorically excluded, it must satisfy each of the following three conditions:

(1)The entire action clearly fits within one or more of the categorical exclusions;

(2)the action is not a piece of a larger action; and

(3)no extraordinary circumstances exist that create the potential for a significant environmental effect. Instruction Manual section V.B(2)(a)-(c). This rule is a technical amendment that updates internal agency procedures. Specifically, the amendment updates the designated appeals authority for requests made under the Privacy Act. Therefore, it clearly fits within categorical exclusion A3(a) “Promulgation of rules . . . of a strictly administrative or procedural nature.” Instruction Manual, Appendix A, Table 1. Furthermore, the rule is not part of a larger action and presents no extraordinary circumstances creating the potential for significant environmental impacts. Therefore, the amendment is categorically excluded from further NEPA review. List of Subjects in 6 CFR Part 5 Classified information, Courts, Freedom of information, Government employees, Privacy. For the reason stated in the preamble, DHS amends 6 CFR part 5 as follows: PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues 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. § 5.24 [Amended] 2. In § 5.24, remove, “Associate General Counsel (General Law)” and add, in its place, “DHS Office of the General Counsel or its designee”. § 5.25 [Amended] 3. In § 5.25, amend paragraphs

(a)and

(b)by removing, “Associate General Counsel (General Law)” and adding in its place, “DHS Office of the General Counsel or its designee”. § 5.26 [Amended] 4. In § 5.26(c), remove “Associate General Counsel (General Law)” and add in its place, “DHS Office of the General Counsel or its designee”. § 5.27 [Amended] 5. In § 5.27(c), remove “Associate General Counsel (General Law)” and addin its place “DHS Office of the General Counsel or its designee”. Jonathan R. Cantor, Chief Privacy Officer (Acting), Department of Homeland Security. [FR Doc. 2020-02943 Filed 2-27-20; 8:45 am]

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