[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Rules and Regulations]
[Pages 63828-63830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17240]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[DOI-2023-0027;DS65100000 DWSN00000.000000 24XD4523WS DP.65102]
RIN 1090-AB28
Privacy Act Regulations; Exemption for the Law Enforcement
Records Management System
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Interior (DOI) is issuing a final rule
to amend its regulations to exempt certain records in the INTERIOR/DOI-
10, DOI Law Enforcement Records Management System (LE RMS), 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 August 6, 2024.
[[Page 63829]]
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 system of records notice (SORN) in the Federal
Register at 89 FR 1594 (January 10, 2024) to update the title of the
modified system of records to INTERIOR/DOI-10, DOI Law Enforcement
Records Management System (LE RMS), propose new and modified routine
uses, and reflect the expanded scope of the Department-wide law
enforcement system of records. A notice of proposed rulemaking (NPRM)
was also published in the Federal Register at 89 FR 1505 (January 10,
2024) to propose amendments to DOI's Privacy Act exemptions at 43 CFR
2.254 to update subsections (a) and (c) to reflect the new title of the
system and to add new paragraphs under subsections (b), (d), (e), and
(f) to claim additional exemptions pursuant to 5 U.S.C. 552a(k)(1),
(k)(3), (k)(5), and (k)(6). The Department proposed these changes
because this system of records contains material that support law
enforcement activities and investigations. Comments were invited on
both the INTERIOR/DOI-10, DOI Law Enforcement Records Management System
(LE RMS) SORN and NPRM. DOI received no comments on the SORN and NPRM;
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.
3. Congressional Review 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Clarity of This Regulation
We are required by Executive Order 12866 and 12988, the Plain
Writing Act
[[Page 63830]]
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 is amending 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:
0
a. Revising paragraph (a)(5);
0
b. Adding paragraph (b)(4);
0
c. Revising paragraph (c)(15); and
0
d. Adding paragraphs (d)(4), (e)(9), and (f)(2).
The additions and revisions read as follows:
Sec. 2.254 Exemptions.
* * * * *
(a) * * *
(5) INTERIOR/DOI-10, DOI Law Enforcement Records Management System
(LE RMS).
(b) * * *
(4) INTERIOR/DOI-10, DOI Law Enforcement Records Management System
(LE RMS).
(c) * * *
(15) INTERIOR/DOI-10, DOI Law Enforcement Records Management System
(LE RMS).
(d) * * *
(4) INTERIOR/DOI-10, DOI Law Enforcement Records Management System
(LE RMS).
(e) * * *
(9) INTERIOR/DOI-10, DOI Law Enforcement Records Management System
(LE RMS).
(f) * * *
(2) INTERIOR/DOI-10, DOI Law Enforcement Records Management System
(LE RMS).
* * * * *
Teri Barnett.
Departmental Privacy Officer, U.S. Department of the Interior.
[FR Doc. 2024-17240 Filed 8-5-24; 8:45 am]
BILLING CODE 4334-63-P