14622 Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations

Transfer and Advancement Act Parts per categories of record sources. The NPRM (NTTAA) (15 U.S.C. 272 note). Commodity million also explained that if the HHS Insider Threat Program obtains law enforcement VII. Congressional Review Act Vegetable, legume, edible pod- investigatory material from another Pursuant to the Congressional Review ded, subgroup 6A ...... 0.4 Privacy Act system of records that has Act (5 U.S.C. 801 et seq.), EPA will 1 There are no U.S. registrations as of May been exempted from Privacy Act submit a report containing this rule and 25, 2017 for use on pineapple and tea. requirements based on subsection (j)(2) other required information to the U.S. 2 This tolerance expires on October 11, of the Act, that material will be exempt 2019. Senate, the U.S. House of in System No. 09–90–1701 to the same Representatives, and the Comptroller * * * * * extent it is exempt in the source system, General of the United States prior to [FR Doc. 2019–07173 Filed 4–10–19; 8:45 am] so it may be exempt from requirements publication of the rule in the Federal BILLING CODE 6560–50–P in any of these subsections of the Act: Register. This action is not a ‘‘major (c)(3)–(4); (d)(1)–(4); (e)(1)–(3), (e)(4)(G)– rule’’ as defined by 5 U.S.C. 804(2). (I), (e)(5), (e)(8), (e)(12); (f); (g); and (h). DEPARTMENT OF HEALTH AND The comment period for the SORN List of Subjects in 40 CFR Part 180 HUMAN SERVICES and NPRM was open through September Environmental protection, 24, 2018. No comments were received Administrative practice and procedure, 45 CFR Part 5b on the NPRM and no comments were received on the SORN. No changes to Agricultural commodities, Pesticides RIN 0991–AC10 and pests, Reporting and recordkeeping the proposed exemptions or to the requirements. Privacy Act; Implementation SORN were made following the public comment period. Dated: March 28, 2019. AGENCY: Department of Health and The specific rationales that support Michael Goodis, Human Services (HHS). the exemptions as to each affected Director, Registration Division, Office of ACTION: Final rule. Privacy Act provision, remain as stated Pesticide Programs. in the NPRM; the exemptions from the Therefore, 40 CFR chapter I is SUMMARY: The Department of Health and particular subsections are necessary and amended as follows: Human Services (HHS or Department) is appropriate, and justified for the issuing this final rule to make effective following reasons: PART 180—[AMENDED] the exemptions that HHS proposed for • 5 U.S.C. 552a(c)(3) (the requirement certain records covered in a new Privacy to provide accountings of disclosures) ■ 1. The authority citation for part 180 Act system of records, System No. 09– and 5 U.S.C. 552a(d)(1)–(4) continues to read as follows: 90–1701, HHS Insider Threat Program (requirements addressing notification, Authority: 21 U.S.C. 321(q), 346a and 371. Records. access, and amendment rights, ■ 2. In § 180.632, revise the table in DATES: This final rule is effective April collectively referred to herein as access paragraph (a) to read as follows: 11, 2019. requirements). Providing individual record subjects with accountings of FOR FURTHER INFORMATION CONTACT: § 180.632 Fenazaquin; Tolerances for disclosures and with notification, residues. Michael W. Schmoyer, Assistant Deputy access, and amendment rights with Secretary for National Security by email (a) * * * respect to Insider Threat Program at [email protected] or telephone at records could reveal the existence of an (202) 690–5756, or by mail to the HHS Commodity Parts per investigation, investigative interest, million Office of Security and Strategic investigative techniques, details about Information (OSSI), 200 Independence an investigation, security-sensitive Almond, hulls ...... 4 Ave. SW, Washington, DC 20201. Avocado ...... 0.15 information such as information about SUPPLEMENTARY INFORMATION: In Berry, low growing, subgroup security measures and security 13–07G ...... 2 accordance with 5 U.S.C. 552a (Privacy vulnerabilities, information that must Bushberry, subgroup 13–07B ..... 0.8 Act or Act), the exemptions were remain non-public to protect national Caneberry, subgroup 13–07A .... 0.7 described in a Notice of Proposed security or personal privacy-identities of Fruit, Citrus, Group 10 except Rulemaking (NPRM) published for law enforcement personnel, or other Grapefruit 2 ...... 0.5 public notice and comment at 83 FR sensitive or classified information. Fruit, citrus, group 10–10 ...... 0.4 42627 (Aug. 23, 2018). The new system Revealing such information to record Fruit, citrus, group 10–10, oil ..... 20 of records is described in a System of subjects would thwart or impede Fruit, pome, group 11–10 ...... 0.6 Records Notice (SORN) which was pending and future law enforcement Fruit, small vine climbing, except published for public notice and fuzzy kiwifruit, subgroup 13– investigations and efforts to protect 07F ...... 0.7 comment the same day, at 83 FR 42667 national security, and would violate Fruit, stone, group 12–12 ...... 2 (Aug 23, 2018). Only law enforcement personal privacy. Revealing the Grape, raisin ...... 0.8 investigatory material and classified information would enable record Hop, dried cones ...... 30 intelligence information were proposed subjects or other persons to evade Nuts, Tree, Group 14–12 ...... 0.02 to be exempted, based on subsections detection and apprehension by security Pea and bean, dried shelled, ex- (k)(1) and (k)(2) of the Act, from the and law enforcement personnel; cept soybean, subgroup 6C .... 0.3 requirements contained in subsections destroy, conceal, or tamper with Pea and bean, succulent (c)(3), (d)(1)-(4), (e)(1), (e)(4)(G), (H), and evidence or fabricate testimony; or shelled, subgroup 6B ...... 0.03 (I), and (f) of the Act, which require the harass, intimidate, harm, coerce, or Peppermint, fresh leaves ...... 10 Pineapple 1 ...... 0.2 agency to provide an accounting of retaliate against witnesses, Spearmint, fresh leaves ...... 10 disclosures; provide notification, access, complainants, investigators, security Tea, dried 1 ...... 9 and amendment rights, rules, and personnel, law enforcement personnel, Vegetable, cucurbit, group 9 ...... 0.3 procedures; maintain only relevant and or their family members, their Vegetable, fruiting, group 8–10 .. 0.3 necessary information; and identify employees, or other individuals. With

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respect to investigatory material every category in advance in order to changes were made to the SORN as a compiled for law enforcement purposes, list them all in the SORN. Some record result of public comments and, the exemption pursuant to 5 U.S.C. source categories may not be therefore, the SORN, as published at 83 552a(k)(2) from access requirements in appropriate to make public in the SORN FR 42667 (Aug. 23, 2018), is now subsection (d) of the Act is statutorily if, for example, revealing them could effective. limited. If any individual is denied a enable record subjects or other right, privilege, or benefit to which the individuals to discover investigative Analysis of Impacts individual would otherwise be entitled techniques and devise ways to bypass The agency has reviewed this rule by federal law or for which the them to evade detection and under Executive Orders 12866 and individual would otherwise be eligible, apprehension. 13563, which direct agencies to assess access will be granted, except to the • 5 U.S.C. 552a(f) (the requirement to costs and benefits of available regulatory extent that the disclosure would reveal promulgate rules to implement alternatives and, if regulation is the identity of a source who furnished provisions of the Privacy Act). To the necessary, to maximize the net benefits. information to the Government under an extent that this subsection is interpreted The agency believes that this rule is not express promise of confidentiality. to require agency rules addressing the a significant regulatory action under • 5 U.S.C. 552a(e)(1) (the requirement above exempted requirements, Executive Order 12866, and therefore to maintain only relevant and necessary exemption from this provision is also does not constitute an Executive Order information authorized by statute or necessary to protect the sources of law 13771 regulatory action, because it will Executive Order). It will not always be enforcement and intelligence not (1) have an annual effect on the possible to determine at the time information and to protect the privacy economy of $100 million or more or information is received or compiled in and safety of witnesses and informants adversely affect in a material way the this system of records whether the and others who provide information to economy, a sector of the economy, information is or will be relevant and HHS. Greater specificity in rulemaking productivity, competition, jobs, the necessary to a law enforcement regarding properly classified records environment, public health or safety, or investigation or to protecting national could compromise national security. state, local or tribal governments or security. For example, a tip or lead that Accordingly, based on 5 U.S.C. communities; (2) create a serious does not appear relevant or necessary to 552a(k)(1) and (k)(2) and the specific inconsistency or otherwise interfere uncovering an insider threat by itself or rationales indicated above, HHS is now with an action taken or planned by at the time the tip or lead is received exempting law enforcement another agency; (3) materially alter the may prove to be relevant and necessary investigatory material and classified budgetary impact of entitlements, when combined with other information intelligence information in system of grants, user fees or loan programs, or the that reveals a pattern or that comes to records 09–90–1701 HHS Insider Threat rights and obligations of recipients Program Records from subsections light later. thereof; or (4) raise novel legal or policy • 5 U.S.C. 552a(e)(4)(G) and (H) (the (c)(3), (d)(1)–(4), (e)(1), (e)(4)(G), (H), issues arising out of legal mandates, the requirements to describe procedures by and (I), and (f) of the Act, which contain President’s priorities, or the principles which subjects may be notified of requirements to provide an accounting set forth in Executive Order 12866. whether the system of records contains of disclosures; provide notification, records about them and seek access or access, and amendment rights, rules, The Regulatory Flexibility Act amendment of a record). These and procedures; maintain only relevant requires agencies to analyze regulatory requirements concern individual access and necessary information; and identify options that would minimize any to records, and the records are exempt categories of record sources. In addition, significant impact of a rule on small under (c) and (d), as described above. To HHS affirms that if the HHS Insider entities. Because the rule imposes no the extent that (e)(4)(G) and (H) are Threat Program obtains law enforcement duties or obligations on small entities, interpreted to require more detailed investigatory material from another the Department certifies that the rule procedures regarding record Privacy Act system of records that has will not have a significant economic notification, access, or amendment than been exempted from Privacy Act impact on a substantial number of small have been published in the Federal requirements based on subsection (j)(2) entities. Register, exemption from those of the Act, that material will be exempt Section 202(a) of the Unfunded provisions is necessary for the same in System No. 09–90–1701 to the same Mandates Reform Act of 1995 requires rationale as applies to (c) and (d). extent it is exempt in the source system. that agencies prepare a written • 5 U.S.C. 552a(e)(4)(I) (the Notwithstanding these exemptions, statement, which includes an requirement to describe the categories of consideration will be given to any assessment of anticipated costs and record sources). To the extent that this requests for notification, access, and benefits, before proposing ‘‘any rule that subsection is interpreted to require a amendment that are addressed to the includes any Federal mandate that may more detailed description regarding the System Manager, as provided in the result in the expenditure by State, local, record sources in this system than has SORN for system of records 09–90– and tribal governments, in the aggregate, been published in the Federal Register, 1701, and to accounting of disclosure or by the private sector, of $100,000,000 exemption from this provision is requests. Where HHS determines that or more (adjusted annually for inflation) necessary to protect the sources of law compliance with a request would not in any one year.’’ The current threshold enforcement and intelligence interfere with or adversely affect the after adjustment for inflation is $144 information and to protect the privacy purpose of this system of records to million, using the most current (2015) and safety of witnesses and informants detect, deter, or mitigate insider threats, Implicit Price Deflator for the Gross and others who provide information to the applicable exemption may be Domestic Product. The Department does HHS. Further, greater specificity of waived by HHS in its sole discretion. not expect that this final rule would sources of properly classified records The Federal Register notice result in any one-year expenditure that could compromise national security. containing the SORN proposed for new would meet or exceed this amount. Moreover, because records used in the system of records 09–90–1701 provides List of Subjects in 45 CFR Part 5b Insider Threat Program could come from for that SORN to be effective upon any source, it is not possible to know publication of this final rule. No Privacy.

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For the reasons stated in the 84 FR 11226, are corrected as follows: GENERAL SERVICES preamble, the Department amends part Compliance date: Compliance will not ADMINISTRATION 5b of title 45 of the Code of Federal be required for §§ 52.15(f)(1)(ii) and Regulations as follows: (f)(8), 52.103(d), and 64.1200(l)(1) and 48 CFR Parts 511, 516, 532, 538, 546 (2) until the Commission publishes and 552 PART 5b—PRIVACY ACT documents in the Federal Register REGULATIONS [GSAR Amendment 2008–02; GSAR Case announcing the compliance dates. 2008–G517; Docket No. 2008–0007; Sequence No. 02] ■ 1. The authority citation for part 5b FOR FURTHER INFORMATION CONTACT: Josh continues to read as follows: Zeldis, Consumer Policy Division, RIN 3090–AI68 Consumer and Governmental Affairs Authority: 5 U.S.C. 301, 5 U.S.C. 552a. General Services Administration ■ Bureau (CGB), at (202) 418–0715, email: 2. Section 5b.11 is amended by adding Acquisition Regulation; GSAR Case paragraph (b)(2)(viii)(A) and reserved [email protected]. 2008–G517; Cooperative Purchasing- paragraph (b)(2)(viii)(B) to read as SUPPLEMENTARY INFORMATION: Acquisition of Security and Law follows: Enforcement Related Goods and Correction § 5b.11 Exempt systems. Services (Schedule 84) by State and In the Federal Register of March 26, Local Governments Through Federal * * * * * Supply Schedules (b) * * * 2019, in FR Doc. 2019–05620, on page (2) * * * 11226, in the first column, the AGENCY: Office of Acquisition Policy, (viii) Pursuant to subsections (k)(1) compliance dates are corrected to read General Services Administration (GSA). and (k)(2) of the Act: as set forth in the DATES section above ACTION: Final rule. (A) HHS Insider Threat Program and the first paragraph of the Records, 09–90–1701. ‘‘Compliance’’ section in SUMMARY: The General Services (B) [Reserved] SUPPLEMENTARY INFORMATION is Administration (GSA) is adopting as * * * * * corrected to read: final, without change, an interim rule amending the General Services Michael Schmoyer, ‘‘Compliance Administration Acquisition Regulation Assistant Deputy Secretary for National ‘‘The amendments of the (GSAR) to implement The Local Security. Commission’s rules as set forth in this Preparedness Acquisition Act of 2008. Dated: April 4, 2019. document are effective 30 days after The Act authorizes the Administrator of Alex M. Azar II, publication of a notice in the Federal General Services to provide for the use Secretary. Register announcing approval by the by State or local governments of Federal [FR Doc. 2019–07122 Filed 4–10–19; 8:45 am] Office of Management and Budget Supply Schedules of the GSA safety BILLING CODE 4151–17–P (OMB). Compliance will not be required equipment and services. for §§ 52.15(f)(1)(ii) and (f)(8), 52.103(d), DATES: Effective Date: May 13, 2019. and 64.1200(l)(1) until after approval by FOR FURTHER INFORMATION CONTACT: Mr. FEDERAL COMMUNICATIONS the OMB of information collection Thomas O’Linn, Procurement Analyst, COMMISSION requirements contained in §§ 52.15(f)(8) at 202–445–0390, for clarification of and 64.1200(l)(1). The compliance date content. For information pertaining to 47 CFR Parts 52 and 64 for §§ 52.15(f)(1)(ii) and (f)(8), 52.103(d), status or publication schedules, contact the Regulatory Secretariat Division at [CG Docket No. 17–59; FCC 18–177] and 64.1200(l)(1) will be specified in a document published in the Federal 202–501–4755. Please cite GSAR Case Advanced Methods To Target and Register. Compliance will not be 2008–G517. Eliminate Unlawful Robocalls required for § 64.1200(l)(2) until after SUPPLEMENTARY INFORMATION: approval by OMB and the reassigned AGENCY: Federal Communications I. Background numbers database administrator is ready Commission. to begin accepting reports of the data As part of GSA’s regulatory reform ACTION: efforts, GSA has been performing a Final rule; correction. collected in accordance with comprehensive review of the regulatory § 64.1200(l)(1). The Commission will SUMMARY: The Federal Communications requirements in the GSAR. As a part of Commission (Commission) published a publish another document in the these efforts, GSA discovered that a document in the Federal Register of Federal Register announcing the Federal Register notification had not March 26, 2019 (84 FR 11226), regarding compliance date for the requirements been published to finalize this interim the establishment of a single, contained in § 64.1200(l)(2).’’ rule. As a result, GSA included as part comprehensive database that will Federal Communications Commission. of the Fall edition of the Unified Agenda contain the most recent permanent Katura Jackson, of Federal Regulatory and Deregulatory disconnection date for toll free numbers Actions in the Federal Register at 83 FR and for each number allocated to or Federal Register Liaison Officer, Office of the Secretary. 58086 on November 16, 2018 its ported to each provider that receives intention to publish a final rule [FR Doc. 2019–06961 Filed 4–10–19; 8:45 am] North American Numbering Plan U.S. notification in the Federal Register. geographic numbers. The document BILLING CODE 6712–01–P The purpose of this rule is the contained references to an incorrect rule straightforward implementation of the section for compliance. This document statutory authority provided by Public corrects those inaccurate references. Law 110–248, The Local Preparedness DATES: This correction is effective April Acquisition Act to open Schedule 84 or 11, 2019. The compliance dates for the any amended or subsequent version of final rule published March 26, 2019, at that Federal supply classification group

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