58894 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules 

(b) Emergency disclosures. Upon 

disclosing a record pertaining to an 

individual made under compelling 

circumstances affecting health or safety, 

the Privacy Act Office shall, within a 

reasonable time, notify that individual 

of the disclosure. This notice shall be 

mailed to the individual’s last known 

address and shall state the nature of the 

information disclosed; the person, 

organization, or agency to which it was 

disclosed; the date of disclosure; and 

the compelling circumstances justifying 

disclosure. 

§ 515.10 Fees. 

The Commission shall charge fees for 

duplication of records under the Privacy 

Act in the same way in which it charges 

duplication fees under § 517.9. No 

search or review fee may be charged for 

any record. Additionally, when the 

Privacy Act Office makes a copy of a 

record as a necessary part of reviewing 

the record or granting access to the 

record, the Commission shall not charge 

for the cost of making that copy. 

Otherwise, the Commission may charge 

a fee sufficient to cover the cost of 

duplicating a copy. 

§ 515.11 Penalties. 

Any person who makes a false 

statement in connection with any 

request for access to a record, or an 

amendment thereto, under this part, is 

subject to the penalties prescribed in 18 

U.S.C. 494 and 495. 

§ 515.12 [Reserved] 

§ 515.13 Specific exemptions. 

(a) The following systems of records 

are exempt from 5 U.S.C. 552a(c)(3), (d), 

(e)(1) and (f): 

(1) Indian Gaming Individuals 

Records System. 

(2) Management Contract Individuals 

Record System. 

(b) The exemptions under paragraph 

(a) of this section apply only to the 

extent that information in these systems 

is subject to exemption under 5 U.S.C. 

552a(k)(2). When compliance would not 

appear to interfere with or adversely 

affect the overall responsibilities of the 

Commission, with respect to licensing 

of key employees and primary 

management officials for employment in 

an Indian gaming operation, the 

applicable exemption may be waived by 

the Commission. 

(c) Exemptions from the particular 

sections are justified for the following 

reasons: 

(1) From 5 U.S.C. 552a(c)(3), because 

making available the accounting of 

disclosures to an individual who is the 

subject of a record could reveal 

investigative interest. This would 

permit the individual to take measures 

to destroy evidence, intimidate potential 

witnesses, or flee the area to avoid the 

investigation. 

(2) From 5 U.S.C. 552a(d), (e)(1), and 

(f) concerning individual access to 

records, when such access could 

compromise classified information 

related to national security, interfere 

with a pending investigation or internal 

inquiry, constitute an unwarranted 

invasion of privacy, reveal a sensitive 

investigative technique, or pose a 

potential threat to the Commission or its 

employees or to law enforcement 

personnel. Additionally, access could 

reveal the identity of a source who 

provided information under an express 

promise of confidentiality. 

(3) From 5 U.S.C. 552a(d)(2), because 

to require the Commission to amend 

information thought to be incorrect, 

irrelevant, or untimely, because of the 

nature of the information collected and 

the length of time it is maintained, 

would create an impossible 

administrative and investigative burden 

by continually forcing the Commission 

to resolve questions of accuracy, 

relevance, timeliness, and 

completeness. 

(4) From 5 U.S.C. 552a(e)(1) because: 

(i) It is not always possible to 

determine relevance or necessity of 

specific information in the early stages 

of an investigation. 

(ii) Relevance and necessity are 

matters of judgment and timing in that 

what appears relevant and necessary 

when collected may be deemed 

unnecessary later. Only after 

information is assessed can its relevance 

and necessity be established. 

(iii) In any investigation the 

Commission may receive information 

concerning violations of law under the 

jurisdiction of another agency. In the 

interest of effective law enforcement 

and under 25 U.S.C. 2716(b), the 

information could be relevant to an 

investigation by the Commission. 

(iv) In the interviewing of individuals 

or obtaining evidence in other ways 

during an investigation, the Commission 

could obtain information that may or 

may not appear relevant at any given 

time; however, the information could be 

relevant to another investigation by the 

Commission. 

Jonodev O. Chaudhuri, 

Chairman. 

Kathryn Isom-Clause, 

Vice Chair. 

E. Sequoyah Simermeyer, 

Associate Commissioner. 

[FR Doc. 2016–19749 Filed 8–25–16; 8:45 am] 

BILLING CODE 7565–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0233; FRL–9951–40– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

State Operating Permit Conditions for 

the Control of Emissions of Volatile 

Organic Compounds from the 

Reynolds Consumer Products LLC— 

Bellwood Printing Plant 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve the 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Virginia (Virginia) for the purpose of 

removing a consent agreement and order 

(consent order) previously included in 

the Virginia SIP to address reasonably 

available control technology (RACT) 

requirements for volatile organic 

compounds (VOCs) control at Reynolds 

Consumer Product LLC (Reynolds) plant 

and include a state operating permit for 

the Reynolds plant in the SIP to 

continue to address RACT requirements. 

In the Final Rules section of this 

Federal Register, EPA is approving the 

Commonwealth’s SIP submittal as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. A more 

detailed description of the state 

submittal and EPA’s evaluation is 

included in a technical support 

document (TSD) prepared in support of 

this rulemaking action. A copy of the 

TSD is available, upon request, from the 

EPA Regional Office listed in the 

ADDRESSES section of this document or 

is also available electronically within 

the Docket for this rulemaking action. If 

no adverse comments are received in 

response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by September 26, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2016–0233 at http://

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Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules 58895 

www.regulations.gov, or via email to 

fernandez.cristina@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: August 12, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2016–20297 Filed 8–25–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 224 

[Docket No. 160614518–6518–01] 

RIN 0648–XE685 

Endangered and Threatened Wildlife; 

90-Day Finding on a Petition To List 

Chambered Nautilus as Threatened or 

Endangered Under the Endangered 

Species Act 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: 90-Day petition finding, request 

for information. 

SUMMARY: We, NMFS, announce a 90- 

day finding on a petition to list the 

chambered nautilus (Nautilus 

pompilius) as a threatened species or an 

endangered species under the 

Endangered Species Act (ESA). We find 

that the petition, along with information 

readily available in our files, presents 

substantial scientific or commercial 

information indicating that the 

petitioned action may be warranted. We 

will conduct a status review of this 

species to determine whether the 

petitioned action is in fact warranted. 

To ensure that the status review is 

comprehensive, we are soliciting 

scientific and commercial information 

pertaining to the chambered nautilus 

from any interested party. 

DATES: Information and comments on 

the subject action must be received by 

October 25, 2016. 

ADDRESSES: You may submit comments, 

information, or data on this document, 

identified by the code NOAA-NMFS2016-0098, by either of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal. Go to 

www.regulations.gov/#!docketDetail;D=

NOAA-NMFS-2016-0098. Click the 

‘‘Comment Now’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

Maggie Miller, NMFS Office of 

Protected Resources (F/PR3), 1315 East 

West Highway, Silver Spring, MD 

20910, USA. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Copies of the petition and related 

materials are available on our Web site 

at http://www.fisheries.noaa.gov/pr/

species/invertebrates/chamberednautilus.html. 

FOR FURTHER INFORMATION CONTACT: 

Maggie Miller, Office of Protected 

Resources, 301–427–8403. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 31, 2016, we received a 

petition from the Center for Biological 

Diversity to list the chambered nautilus 

(N. pompilius) as a threatened species or 

an endangered species under the ESA. 

Copies of the petition are available upon 

request (see ADDRESSES). 

ESA Statutory, Regulatory, and Policy 

Provisions and Evaluation Framework 

Section 4(b)(3)(A) of the ESA of 1973, 

as amended (16 U.S.C. 1531 et seq.), 

requires, to the maximum extent 

practicable, that within 90 days of 

receipt of a petition to list a species as 

threatened or endangered, the Secretary 

of Commerce make a finding on whether 

that petition presents substantial 

scientific or commercial information 

indicating that the petitioned action 

may be warranted, and to promptly 

publish such finding in the Federal 

Register (16 U.S.C. 1533(b)(3)(A)). When 

it is found that substantial scientific or 

commercial information in a petition 

indicates the petitioned action may be 

warranted (a ‘‘positive 90-day finding’’), 

we are required to promptly commence 

a review of the status of the species 

concerned during which we will 

conduct a comprehensive review of the 

best available scientific and commercial 

information. In such cases, we conclude 

the review with a finding as to whether, 

in fact, the petitioned action is 

warranted within 12 months of receipt 

of the petition. Because the finding at 

the 12-month stage is based on a more 

thorough review of the available 

information, as compared to the narrow 

scope of review at the 90-day stage, a 

‘‘may be warranted’’ finding does not 

prejudge the outcome of the status 

review. 

Under the ESA, a listing 

determination may address a species, 

which is defined to also include 

subspecies and, for any vertebrate 

species, any distinct population 

segment (DPS) that interbreeds when 

mature (16 U.S.C. 1532(16)). Because 

the chambered nautilus is an 

invertebrate, the DPS option does not 

apply. Under the ESA, a species or 

subspecies is ‘‘endangered’’ if it is in 

danger of extinction throughout all or a 

significant portion of its range, or 

‘‘threatened’’ if it is likely to become 

endangered within the foreseeable 

future throughout all or a significant 

portion of its range (ESA sections 3(6) 

and 3(20), respectively, 16 U.S.C. 

1532(6) and (20)). Pursuant to the ESA 

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