Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations 77585 

115 5 U.S.C. 601–12. 

116The RFA definition of ‘‘small entity’’ refers to 

the definition provided in the Small Business Act 

(SBA), which defines a ‘‘small business concern’’ as 

a business that is independently owned and 

operated and that is not dominant in its field of 

operation. See 15 U.S.C. 632 (2006). According to 

the Small Business Administration, an electric 

utility is defined as ‘‘small’’ if, including its 

affiliates, it is primarily engaged in the generation, 

transmission, and/or distribution of electric energy 

for sale and its total electric output for the 

preceding fiscal year did not exceed 4 million 

megawatt hours. 

117Regulations Implementing the National 

Environmental Policy Act of 1969, Order No. 486, 

FERC Stats. & Regs. ¶ 30,783 (1987). 

118 18 CFR 380.4(a)(2)(ii). 119See 5 U.S.C. 804(2) (2007). 

Energy Regulatory Commission, Office 

of the Executive Director, 888 First 

Street, NE., Washington, DC 20426 

[Attention: Ellen Brown, email: 

DataClearance@ferc.gov, phone: (202) 

502–8663, fax: (202) 273–0873]. 

78. Comments concerning the 

information collections in this rule and 

the associated burden estimates should 

be sent to the Commission and to the 

Office of Management and Budget, 

Office of Information and Regulatory 

Affairs [Attention: Desk Officer for the 

Federal Energy Regulatory 

Commission]. For security reasons, 

comments to OMB should be sent by 

email to: oira_submission@omb.eop.gov. 

Please reference Docket No. RM13–7– 

000 (FERC–725P) in your submission. 

IV. Regulatory Flexibility Act Analysis 

79. The Regulatory Flexibility Act of 

1980 (RFA) 115 generally requires a 

description and analysis of rules that 

will have significant economic impact 

on a substantial number of small 

entities. As discussed above, Reliability 

Standard PRC–005–2 will apply to an 

estimated 867 individual entities (the 

number of entities registered as a 

distribution provider, a generator 

owner, a transmission owner, or any 

combination of those three functional 

entities). Comparison of the NERC 

Compliance Registry with data 

submitted to the Energy Information 

Administration on Form EIA–861 

indicates that, of these entities, 230 may 

qualify as small entities.116 Of the 230 

small entities, 90 are registered as a 

combination of distribution providers, 

generator owners and transmission 

owners, but it is assumed that each 

entity would have only one 

comprehensive program to review. 

80. The Commission estimates that, 

on average, each of the 230 small 

entities affected will have a one-time 

cost of $560, representing a one-time 

review of the program for each entity, 

consisting of 8 man-hours at $70/hour 

as explained above in the information 

collection statement. We do not 

consider this cost to be a significant 

economic impact for small entities. 

Accordingly, the Commission certifies 

that Reliability Standard PRC–005–2 

will not have a significant economic 

impact on a substantial number of small 

entities. 

V. Environmental Analysis 

81. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant adverse effect on the human 

environment.117 The Commission has 

categorically excluded certain actions 

from this requirement as not having a 

significant effect on the human 

environment. Included in the exclusion 

are rules that are clarifying, corrective, 

or procedural or that do not 

substantially change the effect of the 

regulations being amended.118 The 

actions taken herein fall within this 

categorical exclusion in the 

Commission’s regulations. 

VI. Document Availability 

82. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http://

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5:00 p.m. 

Eastern time) at 888 First Street NE., 

Room 2A, Washington, DC 20426. 

83. From the Commission’s Home 

Page on the Internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

84. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from the 

Commission’s Online Support at (202) 

502–6652 (toll free at 1–866–208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202) 502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

VII. Effective Date and Congressional 

Notification 

85. This Final Rule is effective 

February 24, 2014. 

86. The Commission has determined, 

with the concurrence of the 

Administrator of the Office of 

Information and Regulatory Affairs of 

OMB, that this rule is not a ‘‘major rule’’ 

as defined in section 351 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996.119 The 

Commission will submit the Final Rule 

to both houses of Congress and to the 

General Accountability Office. 

By the Commission. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

Note: The Appendix will not appear in the 

Code of Federal Regulations. 

Appendix A 

Commenters 

Associated Electric Cooperative, Inc., Basin 

Electric Power Cooperative, Inc. and TriState Generation and Transmission 

Association (Cooperatives) 

Duke Energy Corporation (Duke Energy) 

Idaho Power Company (Idaho Power) 

International Transmission Company d/b/a 

ITCTransmission, Michigan Electric 

Transmission Company, LLC, ITC Midwest 

LLC and ITC Great Plains, LLC (ITC) 

North American Electric Reliability 

Corporation (NERC) 

Oncor Electric Delivery Company LLC 

(Oncor) 

United States Department of the Interior, 

Bureau of Reclamation (Bureau of 

Reclamation) 

[FR Doc. 2013–30628 Filed 12–23–13; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[CPCLO Order No. 006–2013] 

Exemption of Records Systems Under 

the Privacy Act; Correction 

AGENCY: Executive Office for Organized 

Crime Drug Enforcement Task Forces 

(OCDETF), Department of Justice. 

ACTION: Correcting amendments. 

SUMMARY: The Department of Justice 

(the Department or DOJ) published a 

final rule in the Federal Register on 

November 21, 2013, which added a new 

section to the Department’s Privacy Act 

exemption regulations to exempt two 

OCDETF systems of records from certain 

subsections of the Privacy Act. The final 

text of the rule incorrectly referred to 

exempted ‘‘subsections’’ of the Privacy 

Act as ‘‘paragraphs’’ of the new section. 

This document corrects the final rule by 

revising the new section. 

DATES: Effective on December 24, 2013. 

FOR FURTHER INFORMATION CONTACT: Jill 

Aronica, Chief Information Systems 


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77586 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations 

Section, Executive Office for OCDETF, 

phone 202–514–1860. 

SUPPLEMENTARY INFORMATION: The final 

rule published in the Federal Register 

on November 21, 2013 (78 FR 69753), 

added § 16.135 as a new section to the 

Department’s Privacy Act exemption 

regulations to exempt two OCDETF 

systems of records from certain 

subsections of the Privacy Act (5 U.S.C. 

552a). The final text of rule § 16.135(c) 

incorrectly referred to exempted 

‘‘subsections’’ of the Privacy Act as 

‘‘paragraphs’’ of § 16.135. This 

document corrects the final rule by 

revising § 16.135(c). 

List of Subjects in 28 CFR Part 16 

Administrative practice and 

procedure, Courts, Freedom of 

information, Privacy, Sunshine Act. 

Pursuant to the authority vested in the 

Attorney General by 5 U.S.C. 552a and 

delegated to me by Attorney General 

Order 2940–2008, 28 CFR part 16 is 

corrected by making the following 

correcting amendments: 

PART 16—PRODUCTION OR 

DISCLOSURE OF MATERIAL OR 

INFORMATION 

■ 1. The authority citation for part 16 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 

552b(g), 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 

509, 510, 534; 31 U.S.C. 3717, 9701. 

Subpart E—Exemption of Records 

Systems Under the Privacy Act 

■ 2. In § 16.135, revise paragraph (c) 

introductory text and paragraphs (c)(1) 

through (c)(10) to read as follows: 

§ 16.135 Exemptions of Executive Office 

for Organized Crime Drug Enforcement 

Task Forces Systems. 

* * * * * 

(c) Exemptions from the particular 

subsections are justified for the 

following reasons: 

(1) From subsection (c)(3) because to 

provide the subject with an accounting 

of disclosures of records in these 

systems could inform that individual of 

the existence, nature, or scope of an 

actual or potential law enforcement or 

counterintelligence investigation by the 

Organized Crime Drug Enforcement 

Task Forces, the Organized Crime Drug 

Enforcement Task Force Fusion Center, 

the International Organized Crime 

Intelligence and Operations Center, or 

the recipient agency, and could permit 

that individual to take measures to 

avoid detection or apprehension, to 

learn of the identity of witnesses and 

informants, or to destroy evidence, and 

would therefore present a serious 

impediment to law enforcement or 

counterintelligence efforts. In addition, 

disclosure of the accounting would 

amount to notice to the individual of the 

existence of a record. Moreover, release 

of an accounting may reveal information 

that is properly classified pursuant to 

Executive Order. 

(2) From subsection (c)(4) because this 

subsection is inapplicable to the extent 

that an exemption is being claimed for 

subsections (d)(1), (2), (3), and (4). 

(3) From subsection (d)(1) because 

disclosure of records in the system 

could alert the subject of an actual or 

potential criminal, civil, or regulatory 

violation of the existence of that 

investigation, of the nature and scope of 

the information and evidence obtained 

as to his or her activities, of the identity 

of confidential witnesses and 

informants, of the investigative interest 

of the Organized Crime Drug 

Enforcement Task Forces, the Organized 

Crime Drug Enforcement Task Force 

Fusion Center, the International 

Organized Crime Intelligence and 

Operations Center, and other 

intelligence or law enforcement 

agencies (including those responsible 

for civil proceedings related to laws 

against drug trafficking or related 

financial crimes or international 

organized crime); could lead to the 

destruction of evidence, improper 

influencing of witnesses, fabrication of 

testimony, and/or flight of the subject; 

could reveal the details of a sensitive 

investigative or intelligence technique, 

or the identity of a confidential source; 

or could otherwise impede, 

compromise, or interfere with 

investigative efforts and other related 

law enforcement and/or intelligence 

activities. In addition, disclosure could 

invade the privacy of third parties and/ 

or endanger the life, health, and 

physical safety of law enforcement 

personnel, confidential informants, 

witnesses, and potential crime victims. 

Access to records could also result in 

the release of information properly 

classified pursuant to Executive Order. 

(4) From subsection (d)(2) because 

amendment of the records thought to be 

inaccurate, irrelevant, incomplete, or 

untimely would also interfere with 

ongoing investigations, criminal or civil 

law enforcement proceedings, and other 

law enforcement activities; would 

impose an impossible administrative 

burden by requiring investigations, 

analyses, and reports to be continuously 

reinvestigated and revised; and may 

impact information properly classified 

pursuant to Executive Order. 

(5) From subsections (d)(3) and (4) 

because these subsections are 

inapplicable to the extent that 

exemption is claimed from subsections 

(d)(1) and (2) and for the reasons stated 

in § 16.135(c)(3) and (c)(4). 

(6) From subsection (e)(1) because, in 

the course of their acquisition, collation, 

and analysis of information under the 

statutory authority granted, the 

Organized Crime Drug Enforcement 

Task Forces, the Organized Crime Drug 

Enforcement Task Force Fusion Center, 

and the International Organized Crime 

Intelligence and Operations Center will 

occasionally obtain information, 

including information properly 

classified pursuant to Executive Order, 

that concerns actual or potential 

violations of law that are not strictly 

within their statutory or other authority 

or may compile and maintain 

information which may not be relevant 

to a specific investigation or 

prosecution. This is because it is 

impossible to determine in advance 

what information collected during an 

investigation or in support of these 

mission activities will be important or 

crucial to an investigation. In the 

interests of effective law enforcement, it 

is necessary to retain such information 

in these systems of records because it 

can aid in establishing patterns of 

criminal activity of a suspect and can 

provide valuable leads for federal and 

other law enforcement agencies. This 

consideration applies equally to 

information acquired from, or collated 

or analyzed for, both law enforcement 

agencies and agencies of the U.S. foreign 

intelligence community and military 

community. 

(7) From subsection (e)(2) because in 

a criminal, civil, or regulatory 

investigation, prosecution, or 

proceeding, the requirement that 

information be collected to the greatest 

extent practicable from the subject 

individual would present a serious 

impediment to law enforcement because 

the subject of the investigation, 

prosecution, or proceeding would be 

placed on notice as to the existence and 

nature of the investigation, prosecution, 

or proceeding and would therefore be 

able to avoid detection or apprehension, 

to influence witnesses improperly, to 

destroy evidence, or to fabricate 

testimony. Moreover, thorough and 

effective investigation and prosecution 

may require seeking information from a 

number of different sources. 

(8) From subsection (e)(3) because to 

comply with the requirements of this 

subsection during the course of an 

investigation could impede the 

information-gathering process, thus 

hampering the investigation or 

intelligence gathering. Disclosure to an 

individual of investigative interest 


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Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations 77587 

would put the subject on notice of that 

fact and allow the subject an 

opportunity to engage in conduct 

intended to impede that activity or 

avoid apprehension. Disclosure to other 

individuals would likewise put them on 

notice of what might still be a sensitive 

law enforcement interest and could 

result in the further intentional or 

accidental disclosure to the subject or 

other inappropriate recipients, convey 

information that might constitute 

unwarranted invasions of the personal 

privacy of other persons, unnecessarily 

burden law enforcement personnel in 

information-collection activities, and 

chill the willingness of witnesses to 

cooperate. 

(9) From subsections (e)(4)(G) and (H) 

because this system is exempt from the 

access and amendment provisions of 

subsection (d). 

(10) From subsection (e)(4)(I) to the 

extent that this subsection could be 

interpreted to require more detail 

regarding system record sources than 

has been published in the Federal 

Register. Should this subsection be so 

interpreted, exemption from this 

provision is necessary to protect the 

sources of law enforcement and 

intelligence information and to protect 

the privacy and safety of witnesses and 

informants and other information 

sources. Further, greater specificity 

could compromise other sensitive law 

enforcement information, techniques, 

and processes. 

* * * * * 

Dated: December 5, 2013. 

Erika Brown Lee, 

Chief Privacy and Civil Liberties Officer, 

United States Department of Justice. 

[FR Doc. 2013–30067 Filed 12–23–13; 8:45 am] 

BILLING CODE 4410–NY–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 64 

[Docket No. USCG–2012–0054] 

RIN 1625–AC11 

Waiver for Marking Sunken Vessels 

With a Light at Night 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is revising 

its regulations to implement section 301 

of the Coast Guard and Maritime 

Transportation Act of 2004. This Act 

authorized the Commandant to waive 

the statutory requirement to mark 

sunken vessels with a light at night if 

the Commandant determines that 

placing a light would be impractical and 

waiving the requirement would not 

create an undue hazard to navigation. 

The Commandant has delegated to the 

Coast Guard District Commander in 

whose district the sunken vessel is 

located the authority to grant this 

waiver. 

DATES: This final rule is effective 

January 23, 2014. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket number USCG–2012–0054 and 

are available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590 between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket online by going to http: 

//www.regulations.gov and following 

the instructions on that Web site. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Patrick N. Armstrong, Coast 

Guard; telephone 202–372–1561, email 

Patrick.N.Armstrong@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Ms. Barbara 

Hairston, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Background 

IV. Discussion of Comments and Changes 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

BLS Bureau of Labor Statistics 

CFR Code of Federal Regulations 

COTP Captain of the Port 

E.O. Executive Order 

MISLE Marine Information for Safety and 

Law Enforcement 

NAICS North American Industry 

Classification System 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section symbol 

U.S.C. United States Code 

USCG United States Coast Guard 

II. Regulatory History 

The Coast Guard published a notice of 

proposed rulemaking (NPRM) on May 

28, 2013 (78 FR 31872). We note that the 

NPRM was published with an incorrect 

Regulatory Identification Number of 

1625–AA97, and so we published a 

correcting notice on September 10, 2013 

(78 FR 55230). We received no 

comments on the proposed rule, no 

public meeting was requested, and none 

was held. 

III. Background 

The Coast Guard is revising its 

regulations in Title 33 of the Code of 

Federal Regulations (CFR) part 64, 

which prescribe rules relating to the 

marking of structures, sunken vessels, 

and other obstructions for the protection 

of maritime navigation. These 

regulations apply to all sunken vessels 

in the navigable waters or waters above 

the continental shelf of the United 

States. The current regulations in 33 

CFR 64 require an owner of a vessel, 

raft, or other craft that is wrecked and 

sunk in a navigable channel to 

immediately mark it with a buoy or a 

beacon during the day and a light at 

night, and maintain the markings until 

the wreck is removed. The current 

wording uses the phrase ‘‘buoy or 

daymark,’’ which we are replacing with 

‘‘buoy or beacon’’ in this part. This is a 

more precise phrase encompassing 

floating and fixed aids to navigation. 

There are no provisions for exemptions 

to this regulation. However, the 

Commandant is authorized by statute to 

grant a waiver from the lighting 

requirement if the Coast Guard 

determines, due to conditions of the 

waterway, that marking the sunken 

vessel with a light is impracticable and 

that not marking the sunken vessel does 

not pose an undue hazard to navigation. 

Such a waiver could save owners the 

cost of marking sunken vessels with a 

light without jeopardizing navigational 

safety. 

The potential for saving owners 

money where there is little risk to 

navigation safety is the primary purpose 

of this rule. This final rule adds to the 

regulations a provision in section 301 of 

the Coast Guard and Maritime 

Transportation Act of 2004 (‘‘the Act’’) 

(Pub. L. 108–293), codified at 33 U.S.C. 

409, that authorizes the Commandant to 

waive the requirement to mark a sunken 

vessel, raft, or other craft with a light at 

night if the Commandant determines it 

would be ‘‘impracticable and granting 


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