[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Rules and Regulations]
[Pages 2147-2148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00588]
[[Page 2147]]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[DOI-2023-0008;234D0104IG, DG10100000, DIG000000.000000]
RIN 1090-AB27
Privacy Act Regulations; Exemption for Investigative Records
AGENCY: Office of Inspector General, Interior.
ACTION: Final rule.
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SUMMARY: The Department of the Interior (DOI) is issuing a final rule
to amend its regulations to exempt certain records in the INTERIOR/OIG-
02, Investigative Records, system of records from one or more
provisions of the Privacy Act of 1974 because of criminal, civil, and
administrative law enforcement requirements.
DATES: The final rule is effective January 12, 2024.
FOR FURTHER INFORMATION CONTACT: Teri Barnett, Departmental Privacy
Officer, U.S. Department of the Interior, 1849 C Street NW, Room 7112,
Washington, DC 20240, [email protected] or (202) 208-1605.
SUPPLEMENTARY INFORMATION:
Background
DOI published a notice of proposed rulemaking (NPRM) in the Federal
Register at 88 FR 44748 (July 13, 2023) proposing to exempt portions of
the INTERIOR/OIG-02, Investigative Records, system of records from
certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1),
(k)(3), and (k)(5) because this system of records contains material
that support activities related to investigations. The revised
INTERIOR/OIG-02, Investigative Records, system of records notice (SORN)
was published in the Federal Register at 88 FR 44827 (July 13, 2023).
Comments were invited on both the INTERIOR/OIG-02 SORN and NPRM. DOI
received no comments on the SORN and two general comments on the NPRM,
which are posted on Regulations.gov for public viewing. The comments
are not substantive, therefore, the NPRM will be implemented as
proposed.
Procedural Requirements
1. Regulatory Planning and Review (Executive Orders 12866, 14094 and
13563)
Executive Order 14094 reaffirms the principles of E.O. 12866 and
E.O. 13563 and states that regulatory analysis should facilitate agency
efforts to develop regulations that serve the public interest, advance
statutory objectives, and are consistent with E.O. 12866, E.O. 13563,
and the Presidential Memorandum of January 20, 2021 (Modernizing
Regulatory Review). Regulatory analysis, as practicable and
appropriate, shall recognize distributive impacts and equity, to the
extent permitted by law. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. We have developed this final rule in a manner consistent with
these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and E.O. 14094, provides
that the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB) will review all significant
rules. OIRA has determined that this rule is not significant.
2. Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121)). This rule does not impose a requirement for
small businesses to report or keep records on any of the requirements
contained in this rule. The exemptions to the Privacy Act apply to
individuals, and individuals are not covered entities under the
Regulatory Flexibility Act. This rule is not a major rule under 5
U.S.C. 804(2). This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises.
3. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments in the aggregate, or on the private sector, of more
than $100 million per year. The rule does not have a significant or
unique effect on State, local, or Tribal governments or the private
sector. This rule makes only minor changes to 43 CFR part 2. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1501 et seq.) is not required.
4. Takings (E.O. 12630)
In accordance with Executive Order 12630, this rule will not have
significant takings implications. This rule makes only minor changes to
43 CFR part 2. A takings implication assessment is not required.
5. Federalism (E.O. 13132)
In accordance with Executive Order 13132, this rule does not have
any federalism implications to warrant the preparation of a Federalism
Assessment. The rule is not associated with, nor will it have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. A
Federalism Assessment is not required.
6. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Does not unduly burden the Federal judicial system.
(b) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(c) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
7. Consultation With Indian Tribes (E.O. 13175)
In accordance with Executive Order 13175, the Department of the
Interior has evaluated this rule and determined that it would have no
substantial effects on Federally Recognized Indian Tribes.
8. Paperwork Reduction Act
This rule does not require an information collection from 10 or
more parties and a submission under the Paperwork Reduction Act (44
U.S.C. 3501, et seq.) is not required.
[[Page 2148]]
9. National Environmental Policy Act
This rule does not constitute a major Federal Action significantly
affecting the quality for the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C.
4321, et seq., is not required because the rule is covered by a
categorical exclusion. We have determined the rule is categorically
excluded under 43 CFR 46.210(i) because it is administrative, legal,
and technical in nature. We also have determined the rule does not
involve any of the extraordinary circumstances listed in 43 CFR 46.215
that would require further analysis under NEPA.
10. Effects on Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
11. Clarity of This Regulation
We are required by Executive Order 12866 and 12988, the Plain
Writing Act of 2010 (Pub. L. 111-274), and the Presidential Memorandum
of June 1, 1998, to write all rules in plain language. This means each
rule we publish must:
--Be logically organized;
--Use the active voice to address readers directly;
--Use clear language rather than jargon;
--Be divided into short sections and sentences; and
--Use lists and table wherever possible.
List of Subjects in 43 CFR Part 2
Administrative practice and procedure, Confidential information,
Courts, Freedom of Information Act, Privacy Act.
For the reasons stated in the preamble, the Department of the
Interior proposes to amend 43 CFR part 2 as follows:
PART 2--FREEDOM OF INFORMATION ACT; RECORDS AND TESTIMONY
0
1. The authority citation for part 2 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a, 553; 31 U.S.C. 3717; 43
U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act
of 2017, Pub. L. 115-59, September 15, 2017.
0
2. Amend Sec. 2.254 by adding paragraphs (b)(3), (d)(3), (e)(8) to
read as follows:
Sec. 2.254 Exemptions.
* * * * *
(b) * * *
(3) INTERIOR/OIG-02, Investigative Records.
(d) * * *
(3) INTERIOR/OIG-02, Investigative Records.
(e) * * *
(8) INTERIOR/OIG-02, Investigative Records.
* * * * *
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2024-00588 Filed 1-11-24; 8:45 am]
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