[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Rules and Regulations]
[Pages 1282-1284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28237]


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DEPARTMENT OF THE INTERIOR

43 CFR Part 2

[BSEE-2016-0001; 201E1700D2 EECC000000 ET1EX0000.G40000]
RIN 1014-AA41


Privacy Act Regulations; Exemptions for the Investigations Case 
Management System

AGENCY: Bureau of Safety and Environmental Enforcement, 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

[[Page 1283]]

in the BSEE-01, Investigations Case Management System, from one or more 
provisions of the Privacy Act because of civil and administrative law 
enforcement requirements.

DATES: This final rule is effective January 10, 2020.

FOR FURTHER INFORMATION CONTACT: Rowena Dufford, Associate Privacy 
Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland 
Road, Mail Stop VAE-MSD, Sterling, VA 20166, [email protected] or (703) 
787-1257.

SUPPLEMENTARY INFORMATION:

Background

    The Department of the Interior (DOI) published a notice of proposed 
rulemaking in the Federal Register at 81 FR 67267, September 30, 2016, 
proposing to exempt certain records in the Investigations Case 
Management System (CMS) in accordance with 5 U.S.C. 552a(k)(2) of the 
Privacy Act of 1974, as amended, because of civil and administrative 
law enforcement requirements. The CMS system of records notice was 
published in the Federal Register at 81 FR 67386, September 30, 2016.
    Comments were invited on the CMS system of records notice and the 
notice of proposed rulemaking. DOI received no comments on the system 
of records notice, but received two comments on the notice of proposed 
rulemaking. One commenter did not address the specific exemption but 
expressed concern that access to the records should be preserved and 
not taken away. The other commenter suggested the proposed rule 
contravenes the intent of the Privacy Act by creating a ``blanket 
[exemption]'' on disclosures of all types of agency records. The 
commenter further stated that by amending the rule, the Bureau of 
Safety and Environmental Enforcement indicates that all information in 
CMS is intended for law enforcement purposes and that there is concern 
that the release of this information could lead to witness tampering. 
As stated in the proposed rule and consistent with the Privacy Act, the 
exemptions from one or more provisions of the Privacy Act may be waived 
on a case-by-case basis where a release would not interfere with or 
adversely affect investigations or enforcement activities. These 
comments on the notice of proposed rulemaking require no revisions, 
therefore, DOI will implement the rulemaking as proposed.

Procedural Requirements

1. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. 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. DOI developed this rule in a manner consistent with 
these requirements.

2. Regulatory Flexibility Act

    DOI 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. The rule is not a governmental action 
capable of interference with constitutionally protected property 
rights. 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 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

[[Page 1284]]

Paperwork Reduction Act is not required.

10. National Environmental Policy Act (NEPA) of 1969

    This rule does not constitute a major Federal Action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because the rule is covered by a categorical exclusion. This 
rule meets the criteria set forth in 43 CFR 46.210(i), 516 Departmental 
Manual 15.4C(1), and the BSEE Interim NEPA Policy Document 2013-09, for 
a categorical exclusion. The rule's administrative effects are to 
exempt CMS from certain provisions of the Privacy Act pursuant to 5 
U.S.C. 552a(k)(2) because of civil and administrative law enforcement 
requirements and therefore would not have any environmental impacts. 
BSEE also analyzed this rule to determine if it involves any of the 
extraordinary circumstances set forth in 43 CFR 46.215 that would 
require an environmental assessment or an environmental impact 
statement for actions otherwise eligible for a categorical exclusion. 
BSEE concluded that this rule does not meet any of the criteria for 
extraordinary circumstances.

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, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. 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 tables 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 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.


0
2. Amend Sec.  2.254 by adding paragraph (b)(18) to read as follows:


Sec.  2.254  Exemptions.

* * * * *
    (b) * * *
    (18) Investigations Case Management System (CMS), BSEE-01.
* * * * *

Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2019-28237 Filed 1-9-20; 8:45 am]
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