81_FR_88871 81 FR 88635 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records

81 FR 88635 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 236 (December 8, 2016)

Page Range88635-88636
FR Document2016-29342

The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes 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.

Federal Register, Volume 81 Issue 236 (Thursday, December 8, 2016)
[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Proposed Rules]
[Pages 88635-88636]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29342]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / 
Proposed Rules

[[Page 88635]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2016-0075]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/United States Coast Guard-031 USCG Law Enforcement 
(ULE) System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security is giving concurrent 
notice of a newly established system of records pursuant to the Privacy 
Act of 1974 for the ``Department of Homeland Security/United States 
Coast Guard-031 USCG Law Enforcement (ULE) System of Records'' and this 
proposed rulemaking. In this proposed rulemaking, the Department 
proposes 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.

DATES: Comments must be received on or before January 9, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0075, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. 
For privacy issues please contact: Jonathan R. Cantor, (202-343-1717), 
Acting Chief Privacy Officer, Privacy Office, Department of Homeland 
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) United States Coast Guard (USCG) 
proposes to establish a new DHS system of records titled, ``DHS/United 
States Coast Guard-031 USCG Law Enforcement (ULE) System of Records.'' 
Concurrent with this newly issued system of records, DHS/USCG is 
proposing to exempt the ULE System of Records from certain provisions 
of the Privacy Act.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate personally 
identifiable information. The Privacy Act applies to information that 
is maintained in a ``system of records.'' A ``system of records'' is a 
group of any records under the control of an agency from which 
information is retrieved by the name of the individual or by some 
identifying number, symbol, or other identifying particular assigned to 
the individual. In the Privacy Act, an individual is defined to 
encompass U.S. citizens and lawful permanent residents. As a matter of 
policy, DHS extends administrative Privacy Act protections to all 
individuals when systems of records maintain information on U.S. 
citizens, lawful permanent residents, and visitors.
    The Privacy Act allows Government agencies to exempt certain 
records from the access and amendment provisions. If an agency claims 
an exemption, however, it must issue a Notice of Proposed Rulemaking to 
make clear to the public the reasons why a particular exemption is 
claimed.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for DHS/USCG-031 USCG Law Enforcement (ULE) System of Records. Some 
information in DHS/USCG-031 USCG Law Enforcement (ULE) System of 
Records relates to official DHS national security, law enforcement, 
immigration, and intelligence activities. These exemptions are needed 
to protect information relating to DHS activities from disclosure to 
subjects or others related to these activities. Specifically, the 
exemptions are required to preclude subjects of these activities from 
frustrating these processes; to avoid disclosure of activity 
techniques; to protect the identities and physical safety of 
confidential informants and law enforcement personnel; and to ensure 
DHS's ability to obtain information from third parties and other 
sources; to protect the privacy of third parties; and to safeguard 
classified information. Disclosure of information to the subject of the 
inquiry could also permit the subject to avoid detection or 
apprehension.
    In appropriate circumstances, when compliance would not appear to 
interfere with or adversely affect the law enforcement purposes of this 
system and the overall law enforcement process, the applicable 
exemptions may be waived on a case by case basis.
    A notice of system of records for DHS/USCG-031 USCG Law Enforcement 
(ULE) System of Records is also published in this issue of the Federal 
Register.

List of Subjects in 6 CFR Part 5

    Freedom of information; Privacy.

    For the reasons stated in the preamble, DHS proposes to amend 
chapter I of title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. Revise the authority citation for Part 5 to read as follows:

    Authority:  6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat. 
2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.

0
2. Add at the end of Appendix C to part 5, the following new paragraph 
76:

[[Page 88636]]

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    76. The DHS/USCG-031 USCG Law Enforcement (ULE) System of 
Records consists of electronic and paper records and will be used by 
DHS and its components. The DHS/USCG-031 USCG Law Enforcement (ULE) 
System of Records is a repository of information held by DHS in 
connection with its several and varied missions and functions, 
including, but not limited to the enforcement of civil and criminal 
laws; investigations, inquiries, and proceedings there under; and 
national security and intelligence activities. The DHS/USCG-031 USCG 
Law Enforcement (ULE) System of Records contains information that is 
collected by, on behalf of, in support of, or in cooperation with 
DHS and its components and may contain personally identifiable 
information collected by other federal, state, local, tribal, 
foreign, or international government agencies.
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(j)(2), has exempted this system from the following provisions 
of the Privacy Act: 5 U.S.C. 552a (c)(3-4); (d); (e)(1-3), (e)(5), 
(e)(8); and (g). Additionally, the Secretary of Homeland Security, 
pursuant to 5 U.S.C. 552a(k)(2) has exempted this system from the 
following provisions of the Privacy Act: 5 U.S.C. 552a (c)(3); (d); 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
    When a record received from another system has been exempted in 
that source system under 5 U.S.C. 552a(j)(2), DHS will claim the 
same exemptions for those records that are claimed for the original 
primary systems of records from which they originated and claims any 
additional exemptions set forth here.
    Exemptions from these particular subsections are justified, on a 
case-by-case basis to be determined at the time a request is made, 
for the following reasons:
    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation to the existence of that 
investigation and reveal investigative interest on the part of DHS 
as well as the recipient agency. Disclosure of the accounting would 
therefore present a serious impediment to law enforcement efforts 
and/or efforts to preserve national security. Disclosure of the 
accounting would also permit the individual who is the subject of a 
record to impede the investigation, to tamper with witnesses or 
evidence, and to avoid detection or apprehension, which would 
undermine the entire investigative process.
    (b) From subsection (d) (Access to Records) because access to 
the records contained in this system of records could inform the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation to the existence of that 
investigation and reveal investigative interest on the part of DHS 
or another agency. Access to the records could permit the individual 
who is the subject of a record to impede the investigation, to 
tamper with witnesses or evidence, and to avoid detection or 
apprehension. Amendment of the records could interfere with ongoing 
investigations and law enforcement activities and would impose an 
unreasonable administrative burden by requiring investigations to be 
continually reinvestigated. In addition, permitting access and 
amendment to such information could disclose security-sensitive 
information that could be detrimental to homeland security.
    (c) From subsection (e)(1) (Relevancy and Necessity of 
Information) because in the course of investigations into potential 
violations of federal law, the accuracy of information obtained or 
introduced occasionally may be unclear, or the information may not 
be strictly relevant or necessary to a specific investigation. In 
the interests of effective law enforcement, it is appropriate to 
retain all information that may aid in establishing patterns of 
unlawful activity.
    (d) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject to the 
nature or existence of the investigation, thereby interfering with 
that investigation and related law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information could impede law enforcement by 
compromising the existence of a confidential investigation or reveal 
the identity of witnesses or confidential informants.
    (f) From subsection (e)(5) (Collection of Information) because 
with the collection of information for law enforcement purposes, it 
is impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with subsection (e)(5) 
would preclude DHS agents from using their investigative training 
and exercise of good judgment to both conduct and report on 
investigations.
    (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) (Civil Remedies) to the extent that the 
system is exempt from other specific subsections of the Privacy Act.

    Dated: December 1, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2016-29342 Filed 12-7-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                                                                                                                                                    88635

                                                  Proposed Rules                                                                                                Federal Register
                                                                                                                                                                Vol. 81, No. 236

                                                                                                                                                                Thursday, December 8, 2016



                                                  This section of the FEDERAL REGISTER                      Docket: For access to the docket to                 the public the reasons why a particular
                                                  contains notices to the public of the proposed          read background documents or                          exemption is claimed.
                                                  issuance of rules and regulations. The                  comments received, go to http://                         DHS is claiming exemptions from
                                                  purpose of these notices is to give interested          www.regulations.gov.                                  certain requirements of the Privacy Act
                                                  persons an opportunity to participate in the
                                                  rule making prior to the adoption of the final          FOR FURTHER INFORMATION CONTACT: For                  for DHS/USCG–031 USCG Law
                                                  rules.                                                  general questions please contact:                     Enforcement (ULE) System of Records.
                                                                                                          Marilyn Scott-Perez (202–475–3515),                   Some information in DHS/USCG–031
                                                                                                          Privacy Officer, Commandant (CG–61),                  USCG Law Enforcement (ULE) System
                                                  DEPARTMENT OF HOMELAND                                  United States Coast Guard, Mail Stop                  of Records relates to official DHS
                                                  SECURITY                                                7710, Washington, DC 20593. For                       national security, law enforcement,
                                                                                                          privacy issues please contact: Jonathan               immigration, and intelligence activities.
                                                  Office of the Secretary                                 R. Cantor, (202–343–1717), Acting Chief               These exemptions are needed to protect
                                                                                                          Privacy Officer, Privacy Office,                      information relating to DHS activities
                                                  6 CFR Part 5                                            Department of Homeland Security,                      from disclosure to subjects or others
                                                                                                          Washington, DC 20528.                                 related to these activities. Specifically,
                                                  [Docket No. DHS–2016–0075]                              SUPPLEMENTARY INFORMATION:                            the exemptions are required to preclude
                                                                                                                                                                subjects of these activities from
                                                  Privacy Act of 1974: Implementation of                  I. Background                                         frustrating these processes; to avoid
                                                  Exemptions; Department of Homeland                         In accordance with the Privacy Act of              disclosure of activity techniques; to
                                                  Security/United States Coast Guard-                     1974, 5 U.S.C. 552a, the Department of                protect the identities and physical safety
                                                  031 USCG Law Enforcement (ULE)                          Homeland Security (DHS) United States                 of confidential informants and law
                                                  System of Records                                       Coast Guard (USCG) proposes to                        enforcement personnel; and to ensure
                                                  AGENCY:   Privacy Office, DHS.                          establish a new DHS system of records                 DHS’s ability to obtain information from
                                                                                                          titled, ‘‘DHS/United States Coast Guard-              third parties and other sources; to
                                                  ACTION:   Notice of proposed rulemaking.
                                                                                                          031 USCG Law Enforcement (ULE)                        protect the privacy of third parties; and
                                                  SUMMARY:   The Department of Homeland                   System of Records.’’ Concurrent with                  to safeguard classified information.
                                                  Security is giving concurrent notice of a               this newly issued system of records,                  Disclosure of information to the subject
                                                  newly established system of records                     DHS/USCG is proposing to exempt the                   of the inquiry could also permit the
                                                  pursuant to the Privacy Act of 1974 for                 ULE System of Records from certain                    subject to avoid detection or
                                                  the ‘‘Department of Homeland Security/                  provisions of the Privacy Act.                        apprehension.
                                                  United States Coast Guard-031 USCG                                                                               In appropriate circumstances, when
                                                                                                          II. Privacy Act
                                                  Law Enforcement (ULE) System of                                                                               compliance would not appear to
                                                  Records’’ and this proposed rulemaking.                    The Privacy Act embodies fair                      interfere with or adversely affect the law
                                                  In this proposed rulemaking, the                        information practice principles in a                  enforcement purposes of this system
                                                  Department proposes to exempt                           statutory framework governing the                     and the overall law enforcement
                                                  portions of the system of records from                  means by which Federal Government                     process, the applicable exemptions may
                                                  one or more provisions of the Privacy                   agencies collect, maintain, use, and                  be waived on a case by case basis.
                                                  Act because of criminal, civil, and                     disseminate personally identifiable                      A notice of system of records for DHS/
                                                  administrative enforcement                              information. The Privacy Act applies to               USCG–031 USCG Law Enforcement
                                                  requirements.                                           information that is maintained in a                   (ULE) System of Records is also
                                                                                                          ‘‘system of records.’’ A ‘‘system of                  published in this issue of the Federal
                                                  DATES:  Comments must be received on                    records’’ is a group of any records under
                                                  or before January 9, 2017.                                                                                    Register.
                                                                                                          the control of an agency from which
                                                  ADDRESSES: You may submit comments,                     information is retrieved by the name of               List of Subjects in 6 CFR Part 5
                                                  identified by docket number DHS–                        the individual or by some identifying                   Freedom of information; Privacy.
                                                  2016–0075, by one of the following                      number, symbol, or other identifying
                                                  methods:                                                particular assigned to the individual. In               For the reasons stated in the
                                                    • Federal e-Rulemaking Portal: http://                the Privacy Act, an individual is defined             preamble, DHS proposes to amend
                                                  www.regulations.gov. Follow the                         to encompass U.S. citizens and lawful                 chapter I of title 6, Code of Federal
                                                  instructions for submitting comments.                   permanent residents. As a matter of                   Regulations, as follows:
                                                    • Fax: 202–343–4010.                                  policy, DHS extends administrative
                                                                                                                                                                PART 5—DISCLOSURE OF RECORDS
                                                    • Mail: Jonathan R. Cantor, Acting                    Privacy Act protections to all
                                                                                                                                                                AND INFORMATION
                                                  Chief Privacy Officer, Privacy Office,                  individuals when systems of records
                                                  Department of Homeland Security,                        maintain information on U.S. citizens,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                ■ 1. Revise the authority citation for Part
                                                  Washington, DC 20528.                                   lawful permanent residents, and                       5 to read as follows:
                                                    Instructions: All submissions received                visitors.
                                                  must include the agency name and                           The Privacy Act allows Government                    Authority: 6 U.S.C. 101 et seq.; Pub. L.
                                                  docket number for this notice. All                      agencies to exempt certain records from               107–296, 116 Stat. 2135; 5 U.S.C. 301.
                                                                                                                                                                Subpart A also issued under 5 U.S.C. 552.
                                                  comments received will be posted                        the access and amendment provisions. If
                                                                                                                                                                Subpart B also issued under 5 U.S.C. 552a.
                                                  without change to http://                               an agency claims an exemption,
                                                  www.regulations.gov, including any                      however, it must issue a Notice of                    ■ 2. Add at the end of Appendix C to
                                                  personal information provided.                          Proposed Rulemaking to make clear to                  part 5, the following new paragraph 76:


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                                                  88636                Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Proposed Rules

                                                  Appendix C to Part 5—DHS Systems of                     apprehension. Amendment of the records                ENVIRONMENTAL PROTECTION
                                                  Records Exempt From the Privacy Act                     could interfere with ongoing investigations           AGENCY
                                                                                                          and law enforcement activities and would
                                                  *      *     *       *      *                           impose an unreasonable administrative
                                                     76. The DHS/USCG–031 USCG Law
                                                                                                                                                                40 CFR Part 52
                                                  Enforcement (ULE) System of Records                     burden by requiring investigations to be
                                                                                                                                                                [EPA–HQ–OAR–2016–0598; FRL–9956–30–
                                                  consists of electronic and paper records and            continually reinvestigated. In addition,
                                                                                                                                                                OAR]
                                                  will be used by DHS and its components. The             permitting access and amendment to such
                                                  DHS/USCG–031 USCG Law Enforcement                       information could disclose security-sensitive         RIN 2060–AT16
                                                  (ULE) System of Records is a repository of              information that could be detrimental to
                                                  information held by DHS in connection with              homeland security.                                    Interstate Transport of Fine Particulate
                                                  its several and varied missions and functions,             (c) From subsection (e)(1) (Relevancy and          Matter: Revision of Federal
                                                  including, but not limited to the enforcement           Necessity of Information) because in the              Implementation Plan Requirements for
                                                  of civil and criminal laws; investigations,             course of investigations into potential               Texas
                                                  inquiries, and proceedings there under; and             violations of federal law, the accuracy of
                                                  national security and intelligence activities.                                                                AGENCY:  Environmental Protection
                                                                                                          information obtained or introduced
                                                  The DHS/USCG–031 USCG Law Enforcement
                                                                                                          occasionally may be unclear, or the
                                                                                                                                                                Agency (EPA).
                                                  (ULE) System of Records contains                                                                              ACTION: Proposed rule; extension of
                                                  information that is collected by, on behalf of,         information may not be strictly relevant or
                                                  in support of, or in cooperation with DHS               necessary to a specific investigation. In the         comment period.
                                                  and its components and may contain                      interests of effective law enforcement, it is
                                                                                                          appropriate to retain all information that may
                                                                                                                                                                SUMMARY:    The Environmental Protection
                                                  personally identifiable information collected
                                                  by other federal, state, local, tribal, foreign,        aid in establishing patterns of unlawful
                                                                                                                                                                Agency (EPA) is extending the public
                                                  or international government agencies.                   activity.                                             comment period for the proposed rule
                                                     The Secretary of Homeland Security,                     (d) From subsection (e)(2) (Collection of          titled ‘‘Interstate Transport of Fine
                                                  pursuant to 5 U.S.C. 552a(j)(2), has exempted           Information from Individuals) because                 Particulate Matter: Revision of Federal
                                                  this system from the following provisions of            requiring that information be collected from          Implementation Plan Requirements for
                                                  the Privacy Act: 5 U.S.C. 552a (c)(3–4); (d);                                                                 Texas’’ published in the Federal
                                                                                                          the subject of an investigation would alert the
                                                  (e)(1–3), (e)(5), (e)(8); and (g). Additionally,                                                              Register on November 10, 2016.
                                                                                                          subject to the nature or existence of the
                                                  the Secretary of Homeland Security, pursuant
                                                                                                          investigation, thereby interfering with that          DATES: Comments must be received on
                                                  to 5 U.S.C. 552a(k)(2) has exempted this
                                                  system from the following provisions of the             investigation and related law enforcement             or before January 9, 2017.
                                                  Privacy Act: 5 U.S.C. 552a (c)(3); (d); (e)(1),         activities.                                           ADDRESSES: The EPA has established
                                                  (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).                  (e) From subsection (e)(3) (Notice to              docket number EPA–HQ–OAR–2016–
                                                     When a record received from another                  Subjects) because providing such detailed             0598 for this action. Follow the
                                                  system has been exempted in that source                 information could impede law enforcement              instructions for submitting comments
                                                  system under 5 U.S.C. 552a(j)(2), DHS will              by compromising the existence of a                    provided under ADDRESSES in the
                                                  claim the same exemptions for those records             confidential investigation or reveal the
                                                  that are claimed for the original primary
                                                                                                                                                                November 10, 2016 proposal (81 FR
                                                                                                          identity of witnesses or confidential                 78954).
                                                  systems of records from which they                      informants.
                                                  originated and claims any additional                                                                          FOR FURTHER INFORMATION CONTACT:    For
                                                                                                             (f) From subsection (e)(5) (Collection of
                                                  exemptions set forth here.                                                                                    additional information on this action,
                                                     Exemptions from these particular                     Information) because with the collection of
                                                                                                          information for law enforcement purposes, it          contact Robert L. Miller, Clean Air
                                                  subsections are justified, on a case-by-case
                                                  basis to be determined at the time a request            is impossible to determine in advance what            Markets Division, Office of Atmospheric
                                                  is made, for the following reasons:                     information is accurate, relevant, timely, and        Programs (Mail Code 6204M),
                                                     (a) From subsection (c)(3) and (4)                   complete. Compliance with subsection (e)(5)           Environmental Protection Agency, 1200
                                                  (Accounting for Disclosures) because release            would preclude DHS agents from using their            Pennsylvania Avenue NW., Washington,
                                                  of the accounting of disclosures could alert            investigative training and exercise of good           DC 20460; telephone number: (202)
                                                  the subject of an investigation of an actual or         judgment to both conduct and report on                343–9077; email address:
                                                  potential criminal, civil, or regulatory                investigations.                                       Miller.RobertL@epa.gov.
                                                  violation to the existence of that investigation           (h) From subsection (e)(8) (Notice on
                                                  and reveal investigative interest on the part                                                                 SUPPLEMENTARY INFORMATION:      In the
                                                                                                          Individuals) because compliance would                 proposed rule titled ‘‘Interstate
                                                  of DHS as well as the recipient agency.
                                                  Disclosure of the accounting would therefore            interfere with DHS’s ability to obtain, serve,        Transport of Fine Particulate Matter:
                                                  present a serious impediment to law                     and issue subpoenas, warrants, and other law          Revision of Federal Implementation
                                                  enforcement efforts and/or efforts to preserve          enforcement mechanisms that may be filed
                                                                                                                                                                Plan Requirements for Texas’’ (81 FR
                                                  national security. Disclosure of the                    under seal and could result in disclosure of
                                                                                                                                                                78954, November 10, 2016), the EPA
                                                  accounting would also permit the individual             investigative techniques, procedures, and
                                                                                                                                                                established a public comment period
                                                  who is the subject of a record to impede the            evidence.
                                                  investigation, to tamper with witnesses or
                                                                                                                                                                ending on December 12, 2016. The EPA
                                                                                                             (j) From subsection (g) (Civil Remedies) to
                                                  evidence, and to avoid detection or                                                                           received multiple requests for an
                                                                                                          the extent that the system is exempt from
                                                  apprehension, which would undermine the                                                                       extension of this period. In order to
                                                                                                          other specific subsections of the Privacy Act.
                                                  entire investigative process.                                                                                 ensure that the public has sufficient
                                                     (b) From subsection (d) (Access to Records)             Dated: December 1, 2016.                           time to review and comment on the
                                                  because access to the records contained in              Jonathan R. Cantor,                                   proposal, the EPA is extending the
                                                  this system of records could inform the                                                                       public comment period to end on
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          Acting Chief Privacy Officer, Department of
                                                  subject of an investigation of an actual or             Homeland Security.                                    January 9, 2017.
                                                  potential criminal, civil, or regulatory
                                                  violation to the existence of that investigation        [FR Doc. 2016–29342 Filed 12–7–16; 8:45 am]           List of Subjects in 40 CFR Part 52
                                                  and reveal investigative interest on the part           BILLING CODE 9110–04–P
                                                  of DHS or another agency. Access to the
                                                                                                                                                                  Environmental protection,
                                                  records could permit the individual who is                                                                    Administrative practice and procedure,
                                                  the subject of a record to impede the                                                                         Air pollution control, Electric power
                                                  investigation, to tamper with witnesses or                                                                    plants, Incorporation by reference,
                                                  evidence, and to avoid detection or                                                                           Intergovernmental relations, Nitrogen


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Document Created: 2016-12-08 00:26:59
Document Modified: 2016-12-08 00:26:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments must be received on or before January 9, 2017.
ContactFor general questions please contact: Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG- 61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. For privacy issues please contact: Jonathan R. Cantor, (202-343-1717), Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation81 FR 88635 

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