[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Rules and Regulations]
[Pages 45893-45894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18864]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
RIN 1090-AB10
[156D0102DM/DS10700000/DMSN00000.000000/DX.10701.CEN00000]
Privacy Act Regulations; Exemption for the Indian Arts and Crafts
Board
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
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SUMMARY: The Department of the Interior is issuing a final rule to
amend its regulations to exempt certain records in the Indian Arts and
Crafts Board system of records from one or more provisions of the
Privacy Act because of criminal, civil, and administrative law
enforcement requirements.
DATES: This final rule is effective September 2, 2015.
FOR FURTHER INFORMATION CONTACT: Teri Barnett, Departmental Privacy
Officer, U.S. Department of the Interior, 1849 C Street NW., Mail Stop
5547 MIB, Washington, DC 20240. Email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Department of the Interior (DOI) published a notice of proposed
rulemaking in the Federal Register on May 14, 2015, 80 FR 27623,
proposing to exempt certain records in the Indian Arts and Crafts Board
system of records in accordance with 5 U.S.C. 552a(k)(2) of the Privacy
Act because of criminal, civil, and administrative law enforcement
requirements. The Indian Arts and Crafts Board system of records notice
was published in the Federal Register on May 14, 2015, 80 FR 27700.
Comments were invited on the Indian Arts and Crafts Board system of
records notice and the notice of proposed rulemaking. DOI received no
comments on the published system of records notice and one general
comment on the notice of proposed rulemaking that required no
revisions, and will therefore implement the rulemaking as proposed.
Procedural Requirements
1. Regulatory Planning and Review (E.O. 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not a significant rule and has not reviewed it under the
requirements of Executive Order 12866. We have evaluated the impacts of
the rule as required by E.O. 12866 and have determined that it does not
meet the criteria for a significant regulatory action. The results of
our evaluation are given below.
(a) This rule will not have an annual effect of $100 million or
more on the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities.
(b) This rule would not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
(c) This rule does not alter the budgetary effects of entitlements,
grants, user fees, concessions, loan programs, water contracts,
management agreements, or the rights and obligations of their
recipients.
(d) This rule does not raise any novel legal or policy issues.
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.).
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. Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. 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. 1531 et seq.) is not required.
5. Takings (E.O. 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. This rule makes only minor changes to
43 CFR part 2. A
[[Page 45894]]
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 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 is not
required.
10. National Environmental Policy Act
This rule does not constitute a major Federal action and would not
have a significant effect on the quality of the human environment.
Therefore, this rule does not require the preparation of an
environmental assessment or environmental impact statement under the
requirements of the National Environmental Policy Act of 1969.
11. Data Quality Act
In developing this rule, there was no need to conduct or use a
study, experiment, or survey requiring peer review under the Data
Quality Act (Pub. L. 106-554).
12. 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.
13. Clarity of This Regulation
We are required by Executive Order 12866 and 12988, the Plain
Writing Act of 2010 (H.R. 946), 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.
Dated: July 21, 2015.
Kristen J. Sarri,
Principal Deputy Assistant Secretary for Policy, Management and Budget.
For the reasons stated in the preamble, the Department of the
Interior amends 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.
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2. Amend Sec. 2.254 by adding paragraph (b)(17) to read as follows:
Sec. 2.254 Exemptions.
* * * * *
(b) Law enforcement records exempt under 5 U.S.C. 552a(k)(2).
Pursuant to 5 U.S.C. 552a(k)(2), the following systems of records have
been exempted from paragraphs (c)(3), (d), (e)(1), (e)(4) (G), (H), and
(I), and (f) of 5 U.S.C. 552a and the provisions of the regulations in
this subpart implementing these paragraphs:
* * * * *
(17) Indian Arts and Crafts Board, DOI-24.
* * * * *
[FR Doc. 2015-18864 Filed 7-31-15; 8:45 am]
BILLING CODE 4334-12-P