Unknown. Final rule

3,229 words·~15 min read·/register/2022/01/27/2022-01559·

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--- schema: federal-register doc_type: fedreg source_file: FR-2022-01-27.xml --- 87 18 Thursday, January 27, 2022 Contents Agriculture Agriculture Department See Federal Crop Insurance Corporation See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4191-4193 2022-01579 2022-01604 2022-01606 Requests for Nominations: National Agricultural Research, Extension, Education, and Economics Advisory Board, Specialty Crop Committee, Citrus Disease Subcommittee, and National Genetic Resources Advisory Council;

Correction, 4192-4193 2022-01574 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals; Changes to Medicare Graduate Medical Education Payments for Teaching Hospitals; Changes to Organ Acquisition Payment Policies, 4167 C1-2021-27523 Civil Rights Civil Rights Commission NOTICES Meetings: Minnesota Advisory Committee, 4194-4195 2022-01662 North Carolina Advisory Committee, 4194 2022-01609 Coast Guard Coast Guard RULES Security Zone:

Corpus Christi Ship Channel, Corpus Christi, TX, 4155-4156 2022-01656 Special Local Regulation: Hanohano Ocean Challenge, San Diego, CA, 4154 2022-01583 Commerce Commerce Department See Economic Analysis Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Economic Analysis Bureau Economic Analysis Bureau NOTICES Quarterly Survey of Foreign Airline Operators' Revenues and Expenses in the United States, 4195 2022-01660 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference:

District of Columbia, 4160-4167 2022-01432 Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Cyprodinil, 4156-4160 2022-01439 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Missouri; Control of Emissions from the Manufacturing of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products, 4180-4182 2022-01502 Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference:

District of Columbia, 4182 2022-01433 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Right-to-Know Reporting Requirements under the Emergency Planning and Community Right-to-Know Act, 4235-4236 2022-01590 Emission Guidelines for Sewage Sludge Incinerators, 4237 2022-01592 New Source Performance Standards for Beverage Can Surface Coating, 4231-4232 2022-01591 New Source Performance Standards for Metallic Mineral Processing Plants, 4233-4234 2022-01644 New Source Performance Standards for Municipal Waste Combustors, 4236-4237 2022-01641 New Source Performance Standards for New Residential Wood Heaters, 4234-4235 2022-01637 New Source Performance Standards for Nonmetallic Mineral Processing, 4230-4231 2022-01588 Revisions to the Resource Conservation and Recovery Act Definition of Solid Waste, 4232-4233 2022-01587 Certain New Chemicals or Significant New Uses:

Statements of Findings for December 2021, 4229-4230 2022-01647 Coastal Nonpoint Pollution Control Program: Proposal to Find that Louisiana has Satisfied All Conditions of Approval, 4226-4227 2022-01586 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 4237-4238 2022-01812 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: South Florida, 4154 2022-01526 Airworthiness Criteria: Special Class Airworthiness Criteria for the Amazon Logistics, Inc.

MK27-2 Unmanned Aircraft, 4128-4140 2022-01556 Airworthiness Directives: Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 4148-4150 2022-01567 De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 4145-4148 2022-01569 The Boeing Company Airplanes, 4140-4145, 4150-4153 2022-01568 2022-01695 PROPOSED RULES Airworthiness Directives:

Bombardier, Inc., Airplanes, 4170-4173 2022-01477 Textron Aviation Inc. (Type Certificate Previously Held by Cessna Aircraft Company) Airplanes, 4168-4170 2022-01541 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Registration, Recording of Aircraft Conveyances and Security Documents, FAA Entry Point Filing Form, International Registry, and Dealer's Aircraft Registration Certificate Application, 4325-4326 2022-01534 Federal Communications Federal Communications Commission PROPOSED RULES Promoting Fair and Open Competitive Bidding in the E-Rate Program, 4182-4190 2022-00684 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Common Crop Insurance Regulations:

Apple Crop Insurance Provisions, 4168 2022-01566 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 4271-4272 2022-01623 Flood Hazard Determinations; Changes, 4263-4271 2022-01618 2022-01619 2022-01620 Flood Hazard Determinations; Proposals, 4272-4275 2022-01621 2022-01622 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Internal Network Security Monitoring for High and Medium Impact Bulk Electric System Cyber Systems, 4173-4180 2022-01537 NOTICES Combined Filings, 4227-4228 2022-01634 2022-01635 Institution of Section 206 Proceeding and Refund Effective Date:

PJM Interconnection, LLC, 4228-4229 2022-01636 Federal Maritime Federal Maritime Commission NOTICES Complaint and Assignment: One Banana North America Corp. v. Hapag-Lloyd AG and Hapag-Llloyd (America), LLC, 4238 2022-01598 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4326-4327 2022-01603 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4238-4239 2022-01659 Change in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 4238 2022-01646 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4239-4240 2022-01539 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Approval Procedures for Incidental Harassment Authorizations of Marine Mammals, 4277-4280 2022-01593 Non-Federal Oil and Gas Operations on National Wildlife Refuge System Lands, 4275-4277 2022-01643 Food and Drug Food and Drug Administration NOTICES Guidance:

Good Abbreviated New Drug Applications Submission Practices, 4255-4256 2022-01580 Information Requests and Discipline Review Letters under Generic Drug User Fee Amendments, 4257-4258 2022-01605 Revising Abbreviated New Drug Application Labeling Following Revision of the Reference Listed Drug Labeling, 4252-4254 2022-01577 List of Bulk Drug Substances for Which There Is a Clinical Need under the Federal Food, Drug, and Cosmetic Act, 4240-4252 2022-01558 Meetings: Prescription Drug User Fee Act of 2017;

Electronic Submissions and Data Standards, 4254-4255 2022-01570 Food and Nutrition Food and Nutrition Service RULES Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act; Correction, 4126-4128 2022-01582 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 4328-4332 2022-01542 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Production Authority: OFS Fitel, LLC, Foreign-Trade Zone 26, Atlanta, GA, 4195-4196 2022-01543 Forest Forest Service NOTICES Proposed New Fee Site, 4193-4194 2022-01538 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health RULES Grant Regulation:

Removal of Non-discrimination Provisions and Repromulgation of Administrative Provisions, 4167 2022-01602 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Privacy Act; Systems of Records, 4125-4126 2022-01559 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Museum Assessment Program Application Forms, 4292-4293 2022-01610 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan, 4196-4197 2022-01599 Rescission of Antidumping and Countervailing Duty Administrative Reviews, 4197-4198 2022-01573 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof, 4290-4291 2022-01565 Chlorinated Isocyanurates from China and Spain, 4290 2022-01536 Justice Department Justice Department NOTICES Proposed Consent Decree: CERCLA, 4291-4292 2022-01584 Land Land Management Bureau NOTICES Filing of Plats of Survey: California, 4280-4281 2022-01633 Wyoming, 4280 2022-01571 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institute of Standards and Technology NOTICES Meetings:

Standards and Performance Metrics for On-Road Autonomous Vehicles, 4199 2022-01628 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 4260-4261 2022-01548 National Institute of Allergy and Infectious Diseases, 4258-4259 2022-01549 2022-01551 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 4261 2022-01594 National Institute of Neurological Disorders and Stroke, 4261-4262 2022-01552 2022-01553 National Institute on Aging, 4258-4259 2022-01597 National Institute on Drug Abuse, 4259-4260 2022-01550 National Oceanic National Oceanic and Atmospheric Administration NOTICES Coastal Nonpoint Pollution Control Program:

Proposal to Find that Louisiana has Satisfied All Conditions of Approval, 4226-4227 2022-01586 Meetings: East Coast Fisheries of the United States, 4199-4200 2022-01658 North Pacific Fishery Management Council, 4225-4226 2022-01657 Permits; Applications, Issuances, etc.: Marine Mammals; File No. 26285, 4226 2022-01600 Taking or Importing of Marine Mammals: Marine Site Characterization Surveys off New Jersey and New York for Atlantic Shores Offshore Wind, LLC, 4200-4225 2022-01557 National Park National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Case and Outbreak Investigation Data Collections, 4283-4284 2022-01630 Inventory Completion: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 4281-4290 2022-01650 2022-01651 2022-01652 2022-01653 2022-01654 2022-01655 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption; issuance: DTE Electric Co; Fermi-2, 4293-4294 2022-01572 Export License Application: Perma-Fix Northwest Richland, Inc., 4294-4295 2022-01581 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings:

Pipeline Safety: Informational Webinar Addressing Inspection of Operators' Plans to Eliminate Hazardous Leaks, Minimize Releases of Methane, and Remediate or Replace Leak-Prone Pipe, 4327-4328 2022-01596 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4295-4299, 4307-4308, 4311-4314, 4317-4319, 4321-4322 2022-01555 2022-01612 2022-01613 2022-01614 2022-01615 2022-01616 2022-01617 2022-01624 2022-01638 2022-01639 2022-01546 2022-01547 2022-01554 Application:

Redwood Enhanced Income Corp., et al., 4300-4307 2022-01545 Self-Regulatory Organizations; Proposed Rule Changes: Cboe C2 Exchange, Inc., 4319-4321 2022-01561 NYSE Arca, Inc., 4308-4311, 4314-4317 2022-01562 2022-01564 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4322-4323 2022-01642 State Department State Department NOTICES Culturally Significant Object Being Imported for Exhibition: Gilardi:

Tappeto-Natura, 4323-4324 2022-01576 Determinations: Culturally Significant Object Being Imported for Conservation, Scientific Research, and Exhibition, 4324 2022-01578 Meetings: U.S. Advisory Commission on Public Diplomacy, 4324 2022-01631 Surface Transportation Surface Transportation Board NOTICES Change in Operator Exemption with Interchange Commitment: Missouri Eastern Railroad, LLC, Union Pacific Railroad Co., 4324-4325 2022-01625 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office RULES Coronavirus State and Local Fiscal Recovery Funds, 4338-4454 2022-00292 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4332-4335 2022-01632 2022-01648 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: e-Request Tool, 4275 2022-01535 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Record of Vessel Foreign Repair or Equipment Purchase, 4262-4263 2022-01626 Separate Parts In This Issue Part II Treasury Department, 4338-4454 2022-00292 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. 87 18 Thursday, January 27, 2022 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2022-0007] Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/Office of Inspector General-002 Investigative Records System of Records AGENCY:

Office of Inspector General, U.S. Department of Homeland Security. ACTION: Final rule. SUMMARY: The U.S. Department of Homeland Security

(DHS)is issuing a final rule to amend its regulations to exempt portions of a modified system of records titled, “DHS/Office of Inspector General (OIG)-002 Investigative Records System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the 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 January 27, 2022. FOR FURTHER INFORMATION CONTACT: For general and privacy questions, please contact: Lynn Parker Dupree,

(202)343-1717, *Privacy@hq.dhs.gov,* Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528-0655. SUPPLEMENTARY INFORMATION: Background The U.S. Department of Homeland Security

(DHS)Office of Inspector General

(OIG)published a notice of proposed rulemaking in the **Federal Register** , 86 FR 58226 (October 21, 2021), 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/OIG-002 Investigative Records System of Records. The DHS/OIG-002 Investigative Records System of Records notice was published concurrently in the **Federal Register** , 86 FR 58292 (October 21, 2021), and comments were invited on both the Notice of Proposed Rulemaking

(NPRM)and System of Records Notice (SORN). DHS OIG is responsible for a wide range of oversight functions, including to initiate, conduct, supervise, and coordinate audits, investigations, inspections, and other reviews relating to the programs and operations of DHS. The DHS/OIG-002 Investigative Records System of Records assists DHS OIG with receiving and processing allegations of misconduct, including violations of criminal and civil laws, as well as administrative policies and regulations pertaining to DHS employees, contractors, grantees, and other individuals and entities within DHS. The system includes complaints and investigation-related files. DHS OIG manages information provided during the course of its investigations to: Create records showing dispositions of allegations; audit actions taken by DHS management regarding employee misconduct; audit legal actions taken following referrals to the U.S. Department of Justice

(DOJ)for criminal prosecution or civil action; calculate and report statistical information; manage OIG investigators' training; and manage Government-issued investigative property and other resources used for investigative activities. Public Comments DHS received one comment on the System of Records Notice and zero comments on the Notice of Proposed Rulemaking. The comment received was in agreement with the Department moving forward with the rulemaking and notice. As such, the Department 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: 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. In appendix C to part 5, revise section 5 to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 5. The DHS/OIG-002 Investigative Records System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/OIG-002 Investigative Records 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; national security and intelligence activities; and protection of the President of the U.S. or other individuals pursuant to Section 3056 and 3056A of Title 18. The DHS/OIG-002 Investigative Records 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)(4)(I), (e)(5), (e)(8), (f); and (g)(1). Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5), 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). 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 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. When an investigation has been completed, information on disclosures made may continue to be exempted if the fact that an investigation occurred remains sensitive after completion.

(b)From subsection

(d)(Access and Amendment 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), (H), and

(I)(Agency Requirements) and

(f)(Agency Rules), 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.

(j)From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Lynn P. Dupree, Chief Privacy Officer, U.S. Department of Homeland Security. [FR Doc. 2022-01559 Filed 1-26-22; 8:45 am]

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