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Federal Register/Vol. 81, No. 181/Monday, September 19, 2016 64094 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Proposed Rules information could also permit the intended to impede the investigative DEPARTMENT OF COMMERCE record subject to obtain valuable insight activity or avoid apprehension. National Oceanic and Atmospheric concerning the information obtained (6) From subsection (e)(4)(I), to the Administration during any investigation and to take extent that this subsection is interpreted measures to impede the investigation, to require more detail regarding the e.g., destroy evidence or flee the area to 50 CFR Part 223 record sources in this system than has avoid the investigation. [Docket No. 150211138–6789–01] (2) From subsection (c)(4) notification been published in the Federal Register. requirements because this system is Should the subsection be so interpreted, RIN 0648–XD771 exempt from the access and amendment exemption from this provision is provisions of subsection (d) as well as necessary to protect the sources of law Endangered and Threatened Wildlife the accounting of disclosures provision enforcement and intelligence and Plants; Proposed Rule To List Two of subsection (c)(3). The FBI takes information and to protect the privacy Guitarfishes as Threatened seriously its obligation to maintain and safety of witnesses and informants AGENCY: National Marine Fisheries accurate records despite its assertion of and others who provide information to Service (NMFS), National Oceanic and this exemption, and to the extent it, in the FBI. Further, greater specificity of Atmospheric Administration (NOAA), its sole discretion, agrees to permit properly classified records could Commerce. amendment or correction of FBI records, compromise national security. ACTION: it will share that information in Proposed rule; 12-month (7) From subsection (e)(5) because in appropriate cases. petition finding; request for comments. the collection of information for (3) From subsection (d)(1), (2), (3) and SUMMARY: We, NMFS, have completed a (4), (e)(4)(G) and (H), (e)(8), (f) and (g) authorized law enforcement and intelligence purposes, including efforts comprehensive status review under the because these provisions concern Endangered Species Act (ESA) for the individual access to and amendment of to detect, deter, and/or mitigate insider threats to national security or to the FBI common guitarfish (Rhinobatos law enforcement, intelligence and rhinobatos) and the blackchin guitarfish and its personnel, facilities, resources, counterintelligence, and (Rhinobatos cemiculus). We have and activities, due to the nature of counterterrorism records and determined that, based on the best compliance could alert the subject of an investigations and intelligence scientific and commercial data authorized law enforcement or collection, the FBI often collects available, and after taking into account intelligence activity about that information that may not be efforts being made to protect these particular activity and the interest of the immediately shown to be accurate, species, both species meet the definition FBI and/or other law enforcement or relevant, timely, and complete, although of a threatened species under the ESA. intelligence agencies. Providing access the FBI takes reasonable steps to collect Therefore, we propose to list both could compromise information only the information necessary to species as threatened species under the classified to protect national security; support its mission and investigations. ESA. We are not proposing to designate disclose information which would Additionally, the information may aid critical habitat for either of the species constitute an unwarranted invasion of in establishing patterns of activity and proposed for listing because the another’s personal privacy; reveal a providing criminal or intelligence leads. geographical areas occupied by these sensitive investigative or intelligence It could impede investigative progress if species are entirely outside U.S. technique; provide information that jurisdiction. We are soliciting comments would allow a subject to avoid detection it were necessary to assure relevance, on our proposal to list these two foreign or apprehension; or constitute a accuracy, timeliness and completeness marine guitarfish species. potential danger to the health or safety of all information obtained during the of law enforcement personnel, scope of an investigation. Further, some DATES: Comments on this proposed rule confidential sources, or witnesses. of the records in this system may come must be received by November 18, 2016. (4) From subsection (e)(1) because it from other domestic or foreign Public hearing requests must be made is not always possible to know in government entities, or private entities, by November 3, 2016. advance what information is relevant and it would not be administratively ADDRESSES: You may submit comments and necessary for law enforcement and feasible for the FBI to vouch for the on this document, identified by NOAA– intelligence purposes. The relevance compliance of these agencies with this NMFS–2016–0082, by either of the and utility of certain information that provision. following methods: may have a nexus to insider threats to • Electronic Submissions: Submit all national security or to the FBI may not Dated: September 2, 2016. electronic public comments via the always be fully evident until and unless Erika Brown Lee, Federal eRulemaking Portal. Go to it is vetted and matched with other Chief Privacy and Civil Liberties Officer, http://www.regulations.gov/ sources of information that are Department of Justice. #!docketDetail;D=NOAA-NMFS-2016- necessarily and lawfully maintained by [FR Doc. 2016–22412 Filed 9–16–16; 8:45 am] 0082. Click the ‘‘Comment Now’’ icon, the FBI. BILLING CODE 4410–02–P complete the required fields, and enter (5) From subsections (e)(2) and (3) or attach your comments. because application of these provisions • Mail: Submit written comments to could present a serious impediment to Brendan Newell, NMFS Office of efforts to detect, deter and/or mitigate Protected Resources (F/PR3), 1315 East- insider threats to national security or to West Highway, Silver Spring, MD the FBI and its personnel, facilities, 20910, USA. resources, and activities. Application of Instructions: You must submit these provisions would put the subject comments by one of the above methods of an investigation on notice of the to ensure that we receive, document, investigation and allow the subject an and consider them. Comments sent by opportunity to engage in conduct any other method, to any other address VerDate Sep<11>2014 18:18 Sep 16, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\19SEP1.SGM 19SEP1 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Proposed Rules 64095 or individual, or received after the end or wildlife which interbreeds when consideration. Because a species may be of the comment period, may not be mature.’’ susceptible to a variety of threats for considered. All comments received are On February 7, 1996, NMFS and the which different data are available, or a part of the public record and will U.S. Fish and Wildlife Service (USFWS; which operate across different time generally be posted for public viewing together, the Services) adopted a policy scales, the foreseeable future is not on http://www.regulations.gov without describing what constitutes a distinct necessarily reducible to a particular change. All personal identifying population segment (DPS) of a number of years. information (e.g., name, address, etc.), taxonomic species (the DPS Policy; 61 Section 4(a)(1) of the ESA requires us confidential business information, or FR 4722). The DPS Policy identified two to determine whether any species is otherwise sensitive information elements that must be considered when endangered or threatened due to any of submitted voluntarily by the sender will identifying a DPS: (1) The discreteness the following factors: the present or be publicly accessible. We will accept of the population segment in relation to threatened destruction, modification, or anonymous comments (enter ‘‘N/A’’ in the remainder of the species (or curtailment of its habitat or range; the required fields if you wish to remain subspecies) to which it belongs; and (2) overutilization for commercial, anonymous). You can find the petition, the significance of the population recreational, scientific, or educational status review report, Federal Register segment to the remainder of the species purposes; disease or predation; the notices, and the list of references (or subspecies) to which it belongs. As inadequacy of existing regulatory electronically on our Web site at http:// stated in the DPS Policy, Congress mechanisms; or other natural or www.nmfs.noaa.gov/pr/species/ expressed its expectation that the manmade factors affecting its continued petition81.htm. Services would exercise authority with existence. Under section (4)(b)(1)(A), we regard to DPSs sparingly and only when are also required to make listing FOR FURTHER INFORMATION CONTACT: Brendan Newell, NMFS, Office of the biological evidence indicates such determinations based solely on the best action is warranted. Based on the scientific and commercial data Protected Resources (OPR), Telephone: scientific information available, we available, after conducting a review of (301) 427–7710 or Marta Nammack, determined that the common guitarfish the species’ status and after taking
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