[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]



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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.

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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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