Unknown. Final rule

5,426 words·~25 min read·/register/2024/02/27/2024-03936·

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-2024-02-27.xml --- 89 39 Tuesday, February 27, 2024 Contents Agriculture Agriculture Department See Commodity Credit Corporation AIRFORCE Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14453-14454 2024-03981 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14454-14455 2024-03977 2024-03998 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 14501-14504 2024-03884 2024-03889 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agency Forms Undergoing Paperwork Reduction Act Review, 14498-14501 2024-03882 2024-03883 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tribal Child Support Enforcement Direct Funding Requests, 14504-14505 2024-03968 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.:

Pennsylvania Advisory Committee, 14430 2024-03975 Wyoming Advisory Committee, 14430-14431 2024-03972 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Credit Commodity Credit Corporation RULES Dairy Margin Coverage Production History Adjustment and Program Extension, 14372-14376 2024-03991 Defense Department Defense Department See Air Force Department See Army Department See Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 14455-14461 2024-03979 2024-03980 2024-03984 2024-03989 2024-03994 2024-03995 2024-04003 2024-04004 Hearings, Meetings, Proceedings, etc.: Defense Policy Board, 14457-14458 2024-04024 Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Workforce System Metrics, 14431-14432 2024-03938 Education Department Education Department NOTICES Applications for New Awards:

Alaska Native and Native Hawaiian-Serving Institutions Program, Part A, 14463-14469 2024-03946 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Importation or Exportation of Liquified Natural Gas or Electric Energy; Applications, Authorizations, etc.: Powerex Corp., 14469-14470 2024-03951 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; San Joaquin Valley Air Pollution Control District, 14412-14415 2024-03894 NOTICES Clean Air Act Operating Permit Program:

Petition for Objection to State Operating Permit for Covanta Delaware Valley LP, Delaware Valley Resource Recovery, 14486-14487 2024-04027 Hearings, Meetings, Proceedings, etc.: California State Nonroad Engine Pollution Control Standards; In-Use Locomotive Regulation; Requests for Authorization, 14484-14486 2024-03955 Pesticide Program Dialogue Committee, 14487 2024-03966 Pesticide Product Registration: Applications for New Active Ingredients (January 2024), 14483-14484 2024-03893 Export Import Export-Import Bank NOTICES Privacy Act;

Systems of Records, 14487-14490 2024-03908 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Hawaiian Islands, 14379-14382 2024-03879 Maple Lake, MN, 14383-14384 2024-03835 Spanish Fork Municipal Airport/Woodhouse Field, Spanish Fork, UT, 14382-14383 2024-04009 Vicinity of Kodiak Island, 14384-14385 2024-03878 Airworthiness Directives: Robinson Helicopter Company Helicopters, 14377-14379 2024-03920 PROPOSED RULES Airspace Designations and Reporting Points:

Dixon, IL, 14426-14427 2024-03838 Saginaw, MI, 14424-14426 2024-03834 Turlock Municipal Airport, Turlock, CA, 14423-14424 2024-03874 Airworthiness Directives: Leonardo S.p.a. Helicopters, 14417-14422 2024-03971 2024-03976 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aging Aircraft Program (Widespread Fatigue Damage), 14555 2024-03964 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 14490-14494 2024-04018 2024-04019 2024-04020 2024-04021 Charter Amendments, Establishments, Renewals and Terminations: Federal Advisory Committee Act; Communications Security, Reliability, and Interoperability Council, 14494-14495 2024-03958 Federal Energy Federal Energy Regulatory Commission NOTICES Application: PE Hydro Generation, LLC, 14470-14471, 14475 2024-03930 2024-03932 Public Utility District No. 1 of Chelan County, WA, 14477 2024-04036 Combined Filings, 14472, 14477-14479 2024-03925 2024-03927 2024-04035 2024-04044 Environmental Assessments;

Availability, etc.: Consumers Energy Co., 14480-14481 2024-03931 Filing: Constellation Energy Generation; Safe Harbor Water Power Corp.; BIF III Holtwood, LLC, 14475-14476 2024-03919 PE Hydro Generation, LLC, 14472-14473 2024-03924 Hearings, Meetings, Proceedings, etc.: Enterprise Texas Pipeline LLC, Acadian Gas Pipeline System, Enterprise Intrastate LLC; Technical Conference, 14480 2024-04032 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Alton Post Office Solar, LLC, 14473-14474 2024-03918 Aron Energy Prepay 34 LLC, 14471-14472 2024-04037 Aron Energy Prepay 35 LLC, 14481 2024-04047 Aron Energy Prepay 36 LLC, 14474 2024-04038 Foxglove Solar Project, LLC, 14482-14483 2024-03926 Prescott Wind Energy LLC, 14473 2024-03921 Russellville Solar LLC, 14481-14482 2024-04048 SR Ailey, LLC, 14478-14479 2024-04033 SR Toombs Lessee, LLC, 14480 2024-04034 SR Toombs, LLC, 14482 2024-04043 Permits; Applications, Issuances, etc.:

Pumped Hydro Storage LLC, 14483 2024-03928 Waiver Period for Water Quality Certification Application: Idaho Power Co., 14482 2024-04046 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14555-14556 2024-03948 Federal Maritime Federal Maritime Commission NOTICES Complaint: 20230930-DK-BUTTERFLY-1, Inc. F/K/A Bed Bath and Beyond Inc., Complainant v. Evergreen Line Joint Service Agreement (FMC #011982) Consisting of Evergreen Marine Corp.

(Taiwan) Ltd.; et al., 14495-14496 2024-03962 Controlled Carriers under the Shipping Act, 14495 2024-03990 Federal Procurement Federal Procurement Policy Office NOTICES Hearings, Meetings, Proceedings, etc.: Cost Accounting Standards Board Agenda, 14523 2024-03891 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 14496 2024-04022 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 14496-14497 2024-04025 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Online Program Management System for Carbon Dioxide-Carp, 14515-14517 2024-03985 Food and Drug Food and Drug Administration RULES New Animal Drugs: Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications; Change of Sponsor; Change of Sponsor Address, 14407-14412 2024-03765 NOTICES Patent Extension Regulatory Review Period: Rybrevant, 14505-14507 2024-03961 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Combating Trafficking in Persons, 14497-14498 2024-04041 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ferrous Metals Surveys, 14517-14518 2024-04026 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 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Ryan White HIV/AIDS Program Core Medical Services Waiver Form, 14507-14508 2024-03952 Homeland Homeland Security Department RULES Privacy Act, 14369-14372 2024-03936 NOTICES Hearings, Meetings, Proceedings, etc.: President's National Infrastructure Advisory Council, 14514 2024-03934 Housing Housing and Urban Development Department NOTICES Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program, 14515 2024-03881 Industry Industry and Security Bureau RULES Additions of Entities to the Entity List, 14385-14403 2024-03969 Additions of Entities, Revisions of Entries, and Removal of an Entity from the Entity List, 14403-14407 2024-03674 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance to Conduct Pre-Testing of Surveys, 14526-14527 2024-03786 National Leadership Grants for Libraries and the Laura Bush 21st Century Librarian Program Notices of Funding Opportunity, 14525-14526 2024-03983 Interior Interior Department See Fish and Wildlife Service See Geological Survey NOTICES Hearings, Meetings, Proceedings, etc.: Invasive Species Advisory Committee, 14518-14519 2024-03973 Requests for Nominations: Invasive Species Advisory Committee, 14519-14520 2024-03974 Internal Revenue Internal Revenue Service NOTICES Hearings, Meetings, Proceedings, etc.:

Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 14558 2024-04000 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 14557-14558 2024-04001 Taxpayer Advocacy Panel's Notices and Correspondence Project Committee, 14559 2024-03997 Taxpayer Advocacy Panel's Special Projects Committee, 14558 2024-03999 Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee, 14560 2024-03996 Taxpayer Advocacy Panel's Toll-Free Phone Lines Project Committee, 14559 2024-04002 Superfund Tax on Chemical Substances:

Request to Modify List of Taxable Substances; Notice of Filing for Iso-butanol, 14558-14559 2024-03897 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Metal Lockers and Parts Thereof from the People's Republic of China, 14432-14438 2024-03945 Request for Panel Review: United States-Mexico-Canada Agreement, 14432 2024-03209 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Fee Waiver Request, 14521 2024-03950 Labor Department Labor Department See Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Overhead and Gantry Cranes Standard, 14521-14522 2024-03941 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14522-14523 2024-03942 Management Management and Budget Office See Federal Procurement Policy Office National Credit National Credit Union Administration NOTICES Privacy Act;

Systems of Records, 14523-14525 2024-03896 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc., 14513-14514 2024-03915 Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 14508-14513 2024-03906 2024-03907 2024-03916 2024-03917 2024-03992 National Cancer Institute, 14513 2024-03914 National Heart, Lung, and Blood Institute, 14511 2024-03905 National Institute of Diabetes and Digestive and Kidney Diseases, 14510-14513 2024-03910 2024-03911 2024-03912 2024-03913 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2024 Recreational Closure for Golden Tilefish in the South Atlantic, 14415-14416 2024-03982 Fisheries off West Coast States:

West Coast Salmon Fisheries; Amendment 24 to the Pacific Coast Salmon Fishery Management Plan, 14416 2024-03890 PROPOSED RULES Fisheries of the Exclusive Economic Zone: Bering Sea and Aleutian Islands Crab Rationalization Program, 14427-14429 2024-03923 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: A Coastal Management Needs Assessment and Market Analysis for Financing Resilience, 14447-14449 2024-03943 Alaska Region Crab Permits, 14446-14447 2024-03944 Hearings, Meetings, Proceedings, etc.:

New England Fishery Management Council, 14447, 14449 2024-03885 2024-03888 Western Pacific Fishery Management Council, 14444-14446 2024-03886 Permits; Applications, Issuances, etc.: Endangered and Threatened Species; Take of Anadromous Fish, 14438-14442 2024-03986 Taking or Importing of Marine Mammals: Empire Wind Project, Offshore of New York, 14442-14444 2024-03887 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14461-14463 2024-03978 2024-03988 2024-03993 Patent Patent and Trademark Office NOTICES Guidance:

Making a Proper Determination of Obviousness, 14449-14453 2024-03967 Personnel Personnel Management Office NOTICES Hearings, Meetings, Proceedings, etc.: Civil Service Retirement System Board of Actuaries, 14527 2024-04011 Federal Prevailing Rate Advisory Committee, 14527-14528 2024-04008 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 14528 2024-04010 Postal Service Postal Service NOTICES International Product Change: Priority Mail Express International, Priority Mail International and First-Class Package International Service Agreement, 14528-14529 2024-03892 Presidio Presidio Trust NOTICES Privacy Act;

Systems of Records, 14529-14533 2024-04006 2024-04007 Railroad Retirement Railroad Retirement Board NOTICES Hearings, Meetings, Proceedings, etc.: Actuarial Advisory Committee with Respect to the Railroad Retirement Account, 14533 2024-04016 Securities Securities and Exchange Commission NOTICES Order: Review of Financial Accounting Standards Board Accounting Support Fee for 2024 under the Sarbanes-Oxley Act, 14533-14534 2024-03953 Self-Regulatory Organizations; Proposed Rule Changes:

Cboe BZX Exchange, Inc., 14534-14538 2024-03899 Cboe C2 Exchange, Inc., 14538-14542 2024-03900 Cboe EDGX Exchange, Inc., 14543-14547 2024-03901 LCH SA, 14538 2024-03898 MEMX LLC, 14547-14550 2024-03904 Municipal Securities Rulemaking Board, 14552 2024-03902 The Nasdaq Stock Market LLC, 14550-14552 2024-03903 Small Business Small Business Administration NOTICES Disaster Declaration: North Dakota, 14552-14553 2024-03960 Social Social Security Administration NOTICES Privacy Act;

Systems of Records, 14553-14554 2024-03947 2024-03949 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Art and War in the Renaissance: The Battle of Pavia Tapestries, 14555 2024-03933 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Transportation Statistics Bureau Transportation Statistics Transportation Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Tank Car Survey, 14556-14557 2024-03954 Treasury Treasury Department See Internal Revenue Service Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 14560 2024-04164 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. 89 39 Tuesday, February 27, 2024 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 Privacy Act of 1974 AGENCY:

Office of the Secretary, Department of Homeland Security. ACTION: Final rule. SUMMARY: The Department of Homeland Security (DHS or Department) is updating and clarifying its regulations related to the procedures for receiving Freedom of Information Act

(FOIA)and Privacy Act of 1974 requests. DATES: This final rule is effective March 28, 2024. FOR FURTHER INFORMATION CONTACT: Mason Clutter, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528,

(202)343-1717, *Privacy@hq.dhs.gov.* SUPPLEMENTARY INFORMATION: Specifically, DHS is updating Title 6, part 5, subsections 5.3(a)(2), 5.4(c), 5.21(a)(2), 5.21(a)(6), 5.22(c), and Appendix A to part 5. I. Background The Secretary of Homeland Security has authority under 5 U.S.C. 301, 552, and 552a, and 6 U.S.C. 112(e) to issue FOIA and Privacy Act regulations. That authority has been delegated to the Chief Privacy Officer of the Department pursuant to 6 U.S.C. 142 and DHS Del. No. 13001, Rev. 01 (June 2, 2020). The Department last updated its regulations under the FOIA and Privacy Act, 6 CFR part 5 on November 16, 2022 (87 FR 68599). II. Discussion of Final Rule This rule provides clarifying and procedural updates to Title 6, part 5, paragraphs 5.3(a)(2) and 5.21(a)(6), which provides instructions to requesters on how and where to make FOIA and Privacy Act (and Judicial Redress Act

(JRA)if applicable) requests for DHS records. Specifically, DHS is adding a reference to Appendix A to part 5 for requesters to know when and how to submit a request to DHS component FOIA Offices. Furthermore, DHS is providing additional instructions in those sections on how the DHS Privacy Office can assist a requester if the requester does not know which component may have responsive records. In addition, DHS is updating Title 6, part 5, paragraphs 5.3(a)(2), 5.21(a)(2), 5.21(a)(6) by replacing the URL *https://www.dhs.gov/dhs-foia-request-submission-form* with the following URL *https://www.dhs.gov/foia.* DHS is updating Appendix A to part 5 “FOIA/Privacy Act Offices of the Department of Homeland Security,” by replacing the electronic URL where individuals can submit requests by way of instructions from DHS's FOIA website from *https://foiarequest.dhs.gov/* to *https://www.dhs.gov/foia.* As background, the DHS Headquarters Privacy Office maintains the contract for a FOIA processing solution used by most DHS component FOIA Offices. The DHS Headquarters Privacy Office updated its FOIA processing solution in 2023 and is now utilizing new technology and software services in order to receive electronic submission via a new FOIA online portal. This solution includes several features that will lessen the administrative burden associated with FOIA and provide DHS processors access to powerful information processing tools that will make it significantly easier to locate and efficiently process records. As such, DHS has decided to change the URL in those subsections and the appendix to link to the new portal. Further, for clarity, a parenthetical “(or JRA if applicable)” was added in Section II of Appendix A to part 5 to clarify that such requests, in addition to FOIA and Privacy Act requests, may be made to those DHS components listed in that section. In 6 CFR 5.4(c), DHS is changing the title of this paragraph to “Forwarding misdirected requests.” In addition, DHS is modifying subsection 5.4(c) to clarify when and how a misdirected request should be forwarded. A request is not a misdirected request if the receiving DHS component may maintain records responsive to any portion of the request. This is true even if the request may cover records that are maintained by a different DHS component. Under such circumstances, the receiving DHS component is under no obligation to refer the request to a different DHS component or other Federal agency responsible for maintaining other records identified in the request. If another agency should have received the request, the DHS component can, but is not required, to advise the requester to send their request to that other agency. Finally, DHS is revising 6 CFR 5.22(c) to modify the title of paragraph 5.22(c) and modify the subsection to include and clarify that any misdirected Privacy Act or Judicial Redress Act

(JRA)requests must be forwarded under the same procedures of 6 CFR 5.4(c). III. 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 procedures for receiving FOIA and Privacy Act requests 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. IV. Regulatory Analyses Executive Orders 12866, 13563 and 14094—Regulatory Review Executive Orders 12866 (Regulatory Planning and Review), as amended by Executive Order 14094 (Modernizing Regulatory 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 costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The Office of Management and Budget

(OMB)has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866, as amended by Executive Order 14094. Accordingly, OMB has not reviewed this regulatory action. This rule will not impose any additional costs on the public or the government. This rule provides an updated URL for requesters to submit a FOIA request and DHS is providing additional instructions how the DHS Privacy Office can assist a requester if the requester does not know which component may have responsive records. DHS believes the updates in these regulations will allow DHS to more efficiently process FOIA requests. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no written statement was deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Regulatory Flexibility Act Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, and section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 note, agencies must consider the impact of their rulemakings on “small entities” (small businesses, small organizations, and local governments). 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. The RFA's regulatory flexibility analysis requirements apply only to those rules for which an agency is required to publish a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b) or any other law. See 5 U.S.C. 604(a). DHS did not issue a notice of proposed rulemaking for this action. Therefore, a regulatory flexibility analysis is not required for this rule. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (as amended), 5 U.S.C. 804(2). The Office of Management and Budget's Office of Information and Regulatory Affairs has not found that this rule is likely to result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. National Environmental Policy Act 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 require 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 1501.4(a); 1507.3(c)(8). Under DHS NEPA implementing procedures, 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). As discussed above, this rule makes clarifying and procedural updates to CFR Title 6, part 5, paragraphs 5.3(a)(2), 5.4(c), 5.21(a)(6), and 5.22(a) regarding requests for DHS records and, therefore, clearly fits within categorical exclusion A3(a): “Promulgation of rules . . . of a strictly administrative or procedural nature.” Instruction Manual, Appendix A, Table 1. Furthermore, this rule is not part of a larger action and presents no extraordinary circumstances creating the potential for significant environmental impacts. Therefore, this rule is categorically excluded from further NEPA review and documentation. List of Subjects in 6 CFR Part 5 Classified information, Courts, Freedom of information, Government employees, Privacy. For the reasons stated in the preamble, DHS amends Chapter I, part 5 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; 6 U.S.C. 142; DHS Del. No. 13001, Rev. 01 (June 2, 2020). Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a and 552 note.2. 2. Revise § 5.3(a)(2) to read as follows: § 5.3 Requirements for making requests.

(a)* * *

(2)A requester may send their request to the Privacy Office, U.S. Department of Homeland Security, 2707 Martin Luther King Jr. Ave. SE, STOP-0655, or via the internet at *https://www.dhs.gov/foia,* or via fax to

(202)343-4011, for any of the Headquarters Offices of the Department of Homeland Security listed in Appendix A to Subpart 5. In addition, if a requester does not know which DHS component may maintain responsive records to a request, the requester may explicitly ask for assistance from the DHS Privacy Office with identifying the proper component that most likely maintains any potential responsive records. Upon a request for assistance and based on information provided in the FOIA request and by the requester, the Privacy Office will forward the request to the DHS component(s) that it determines to be most likely, as of the date of the request for information, to maintain the records that are sought. The Privacy Office will notify the requester that it is forwarding the request, including identifying the component(s) where the request has been sent, provide the FOIA Public Liaison contact information for the respective component(s), and provide administrative appeal rights in the response. If the requester does not agree with the Privacy Office's determination regarding which components would likely have records responsive to the request, the requester must submit a timely appeal of the Privacy Office's determination. Although these are not to be considered misdirected requests, the recipient DHS component shall be granted the same number of days to respond as permitted by 6 CFR 5.4(c) and 5.5(a). 3. Revise § 5.4(c) to read as follows: § 5.4 Responsibility for responding to requests.

(c)*Forwarding misdirected requests.* Where a component's FOIA office determines that a request was misdirected within DHS, the receiving component's FOIA office, within 10 working days, shall route the request to the FOIA office of the proper component(s) for processing. Once the misdirected request has been forwarded and received by the appropriate DHS component, the 20-working day-time period to respond to the request commences, but in any event not later than 10 days after the request is first received by any DHS component that is designated in the DHS regulations to receive FOIA requests. A request is not a misdirected request if the receiving DHS component may maintain records responsive to any portion of the request. In other words, the receiving DHS component is not obligated to forward to other DHS components that may maintain responsive records unless those other DHS components are explicitly listed in the request. 4. Revise § 5.21(a)(2) and (a)(6) to read as follows: § 5.21 Requests for access to records.

(a)* * *

(2)An individual may make a request for access to a Department of Homeland Security record about that individual covered by a DHS-wide or component system of records notice

(SORN)by writing directly to the Department component that maintains the record at the address listed in appendix A to this part or via the internet at *https://www.dhs.gov/foia.* A description of all DHS-wide and component SORNs may be found here: *https://www.dhs.gov/system-records-notices-sorns.* * * *

(6)An individual may send a request to the Privacy Office, Mail Stop 0655, U.S. Department of Homeland Security, 2707 Martin Luther King Jr. Ave. SE, Washington, DC 20528-0655, or via the internet at *https://www.dhs.gov/foia,* or via fax to

(202)343-4011 for any of the Headquarters Offices of the Department of Homeland Security listed Appendix A to Subpart 5. In addition, if a requester does not know which DHS component may maintain responsive records to a request, the requester may explicitly ask for assistance from the DHS Privacy Office with identifying the proper component that most likely maintains any potential responsive records citing this section of the regulations. Upon a request for assistance and based on information provided in the FOIA request and by the requester, the Privacy Office will forward the request to the DHS component(s) that it determines to be most likely, as of the date of the request for information, to maintain the records that are sought. The Privacy Office will notify the requester that it is forwarding the request, including identifying the component(s) where the request has been sent, provide the FOIA Public Liaison contact information for the respective component(s), and provide administrative appeal rights in the response. If the requester does not agree with the Privacy Office's determination regarding which components would likely have records responsive to the request, the requester must submit a timely appeal of the Privacy Office's determination. For the quickest possible handling, the requester should mark both the request letter and the envelope “Privacy Act Request” or “Judicial Redress Act Request.” 5. Revise § 5.22(c) to read as follows: § 5.22 Responsibility for responding to requests for access to records.

(c)*Misdirected requests, consultations, coordination, and referrals.* All misdirected requests and consultations, coordination, and referrals for requests of records subject to the Privacy Act or JRA will follow the same process and procedures as described in § 5.4(c) and § 5.4(d), including how to handle those requests that pertain to law enforcement information, as specified in § 5.4(d)(2), and classified information, as specified in § 5.4(d)(2) and (e). Further, whenever a request is made for access to a record containing information that has been classified by or may be appropriate for classification by another component or agency under any relevant Executive order concerning the classification of records, the receiving component will refer to § 5.24 for processing. 6. Revise Appendix A to Part 5 to read as follows: Appendix A to Part 5—FOIA/Privacy Act Offices of the Department of Homeland Security I. For Headquarters Offices of the Department of Homeland Security, FOIA and Privacy Act (or JRA if applicable) requests should either be mailed to the Department's Privacy Office, Mail Stop 0655, U.S. Department of Homeland Security, 2707 Martin Luther King Jr. Ave. SE, Washington, DC 20528-0655, or submitted electronically via *https://foiarequest.dhs.gov/.* For a listing of Headquarters Offices and contact information, please see *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone: 202-343-1743 or 866-431-0486, Fax: 202-343-4011, or Email: *foia@hq.dhs.gov.* The Public Liaison may also be contacted using this information. II. For the following components and offices of the Department of Homeland Security, FOIA and Privacy Act (or JRA if applicable) requests should be sent to the component's FOIA Office, unless otherwise noted below. For each component, the Public Liaison may also be contacted using the information below. The components are: Cybersecurity and Infrastructure Security Agency

(CISA)All requests should be either be mailed to the Department's Privacy Office, Mail Stop 0655, U.S. Department of Homeland Security, 2707 Martin Luther King Jr. Ave. SE, Washington, DC 20528-0655, or submitted electronically by way of instructions at *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone: 202-343-1743 or 866-431-0486, Fax: 202-343-4011, or Email: *CISAFOIA@hq.dhs.gov.* U.S. Customs and Border Protection

(CBP)All requests should be mailed to U.S. Customs and Border Protection, Office of Privacy and Diversity Office, 90 K Street NE, Mail Stop 1181, 9th Floor, Washington, DC 20002 or submitted electronically by way of instructions at *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone: 202-325-0150 or Email: *cbpfoiapublicliaison@cbp.dhs.gov.* Federal Emergency Management Agency

(FEMA)All requests should be mailed to FOIA Officer, 500 C Street SW, Room 840, Washington, DC 20472, or submitted electronically by way of instructions at *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone: 202-646- 3323, Fax: 202-646-3347, or Email: *fema-foia@fema.dhs.gov.* Federal Law Enforcement Training Center (FLETC) All requests should be mailed to Freedom of Information Act Officer, Building #681, Suite B187, 1131 Chapel Crossing Road, Glico, GA 31524, or submitted electronically by way of instructions at *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone: 912-267-3103, Fax: 912-267-3113, or Email: *fletc-foia@dhs.gov.* Immigration and Customs Enforcement

(ICE)All requests should be mailed to Freedom of Information Act Office, 500 12th Street SW, Stop 5009, Washington, DC 20536-5009, or submitted electronically by way of instructions at *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone: 866-633-1182, Fax: 202-732-4265, or Email: *ice-foia@ice.dhs.gov.* Office of Inspector General All requests should be mailed to the OIG Office of Counsel, 245 Murray Lane SW, Mail Stop-0305, Washington, DC 20528-0305, or submitted electronically by way of instructions at *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone: 202-981-6100, or Email: *foia.oig@oig.dhs.gov.* Transportation Security Administration

(TSA)All requests should be mailed to Freedom of Information Act Branch, 6595 Springfield Center Drive, Springfield, VA 20598-6020, or submitted electronically by way of instructions at *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone: 1-866-FOIA-TSA or 571-227-2300, Fax: 571-227-1406, or Email: *foia@tsa.dhs.gov.* U.S. Citizenship and Immigration Services (USCIS) All requests should be mailed to National Records Center, FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO 64064-8010, or submitted electronically by way of instructions at *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone:1-800-375-5283, USCIS Contact Center, or Email: *FOIAPAQuestions@uscis.dhs.gov.* U.S. Coast Guard

(USCG)All requests should be mailed to Commandant (CG-6P), 2703 Martin Luther King Jr. Ave. SE, Stop 7710, Washington, DC 20593-7710, or submitted electronically by way of instructions at *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone: 202-475-3522, Fax: 202-372-8413, or Email: *efoia@uscg.mil.* U.S. Secret Service

(USSS)All requests should be mailed to Freedom of Information Act and Privacy Act Branch, 245 Murray Lane SW, Building T-5, Washington, DC 20223, or submitted electronically by way of instructions at *https://www.dhs.gov/foia-contact-information.* To help us respond to your request as quickly as possible, we strongly encourage you to submit your request electronically. Additional contact information for questions: Phone: 202-406-6370, Fax: 202-406-5586, or Email: *FOIA@usss.dhs.gov.* Mason Clutter, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2024-03936 Filed 2-26-24; 8:45 am]

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