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[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Proposed Rules]
[Pages 27623-27626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11686]

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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 2

[156D0102DM/DS10700000/DMSN00000.000000/DX.10701.CEN00000]
RIN 1090-AB10

Privacy Act Regulations

AGENCY: Office of the Secretary, Interior.

ACTION: Proposed rule.

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SUMMARY: The Department of the Interior is proposing 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: Submit written comments on or before July 13, 2015.

ADDRESSES: Send written comments, identified by RIN number 1090-AB10, 
by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Teri Barnett, Departmental Privacy Officer, U.S. 
Department of the Interior, 1849 C Street NW., Mail Stop 5547 MIB, 
Washington, DC 20240.
     Email: Teri Barnett, Departmental Privacy Officer, U.S. 
Department of the Interior, Privacy@ios.doi.gov.

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 Privacy@ios.doi.gov.

SUPPLEMENTARY INFORMATION: 

[[Page 27624]]

Background

    The Privacy Act of 1974, as amended, 5 U.S.C. 552a, governs the 
means by which the U.S. Government collects, maintains, uses and 
disseminates personally identifiable information. The Privacy Act 
applies to records about individuals that are maintained in a ``system 
of records.'' A system of records is a group of any records under the 
control of an agency from which information about an individual is 
retrieved by the name of the individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. See 
5 U.S.C. 552a(a)(4) and (5).
    An individual may request access to records containing information 
about him or herself, 5 U.S.C. 552a(b), (c) and (d). However, the 
Privacy Act authorizes Federal agencies to exempt systems of records 
from access by individuals under certain circumstances, such as where 
the access or disclosure of such information would impede national 
security or law enforcement efforts. Exemptions from Privacy Act 
provisions must be established by regulation, 5 U.S.C. 552a(k).
    The Department of the Interior (DOI), Office of the Secretary, 
created the Indian Arts and Crafts Board, DOI-24, system of records to 
assist the Department of the Interior's Indian Arts and Crafts Board 
(IACB) in overseeing the implementation of the Indian Arts and Crafts 
Act of 1990, as amended. The purposes of this system of records include 
documenting investigations, including investigations by DOI law 
enforcement, of individuals or organizations that offer or display for 
sale or sell any good, with or without a Government trademark, in a 
manner that falsely suggests it is Indian produced, an Indian product, 
or the product of a particular Indian or Indian tribe or Indian arts 
and crafts organization within the United States. Additionally, the 
system helps the IACB manage its program activities, promote the 
economic development of American Indians and Alaska Natives of 
Federally recognized tribes through the expansion of the Indian arts 
and crafts market; provide promotional opportunities, general business 
advice, and information on the Indian Arts and Crafts Act to Native 
American artists, craftspeople, businesses, museums, and cultural 
centers of Federally recognized tribes; manage museum exhibitions and 
activities; and produce a source directory of American Indian and 
Alaska Native owned and operated arts and crafts businesses.
    In this notice of proposed rulemaking, the Department of the 
Interior is proposing to exempt the Indian Arts and Crafts Board system 
of records from certain provisions of the Privacy Act pursuant to 5 
U.S.C. 552a(k)(2) because of criminal, civil, and administrative law 
enforcement requirements.
    Under 5 U.S.C. 552a(k)(2), the head of a Federal agency may 
promulgate rules to exempt a system of records from certain provisions 
of 5 U.S.C. 552a if the system of records is ``investigatory material 
compiled for law enforcement purposes
    Because this system of records contains investigatory material 
compiled for law enforcement purposes within the provisions of 5 U.S.C. 
552a(k)(2), the Department of the Interior proposes to exempt the 
Indian Arts and Crafts Board system of records from the following 
provisions: 5 U.S.C. 552a(c)(3), (d), (e)(1),(e)(4)(G) through 
(e)(4)(I), and (f). Where a release would not interfere with or 
adversely affect law enforcement activities, including but not limited 
to revealing sensitive information or compromising confidential 
sources, the exemption may be waived on a case-by-case basis. 
Exemptions from these particular subsections are justified for the 
following reasons:
    1. 5 U.S.C. 552a(c)(3). This section requires an agency to make the 
accounting of each disclosure of records required by the Privacy Act 
available upon request to the individual named in the record. Release 
of the accounting of disclosures could alert the subjects of an 
investigation to the existence of the investigation and the fact that 
they are subjects of the investigation. The release of such information 
to the subjects of an investigation would provide them with significant 
information concerning the nature of the investigation, and could 
seriously impede or compromise the investigation; endanger the physical 
safety of confidential sources, witnesses and their families; and lead 
to the improper influencing of witnesses, the destruction of evidence, 
or the fabrication of testimony.
    2. 5 U.S.C. 552a(d); (e)(4)(G) and (e)(4)(H); and (f). These 
sections require an agency to provide notice and disclosure to 
individuals that a system contains records pertaining to the 
individual, as well as providing rights of access and amendment. 
Granting access to investigatory records in the Indian Arts and Crafts 
Board system of records could inform the subject of an investigation of 
the existence of that investigation, the nature and scope of the 
information and evidence obtained, the identity of confidential 
sources, witnesses, and law enforcement personnel, and could provide 
information to enable the subject to avoid detection or apprehension. 
Granting access to such information could seriously impede or 
compromise an investigation; endanger the physical safety of 
confidential sources, witnesses, and law enforcement personnel, as well 
as their families; lead to the improper influencing of witnesses, the 
destruction of evidence, or the fabrication of testimony; and disclose 
investigative techniques and procedures. In addition, granting access 
to such information could disclose security-sensitive, or confidential 
information and could constitute an unwarranted invasion of the 
personal privacy of others.
    3. 5 U.S.C. 552a(e)(1). This section requires the agency to 
maintain information about an individual only to the extent that such 
information is relevant or necessary. The application of this provision 
could impair investigations and law enforcement, because it is not 
always possible to determine the relevance or necessity of specific 
information in the early stages of an investigation. Relevance and 
necessity are often questions of judgment and timing, and it is often 
only after the information is evaluated that the relevance and 
necessity of such information can be established. In addition, during 
the course of the investigation, the investigator may obtain 
information which is incidental to the main purpose of the 
investigation, but which may relate to matters under the investigative 
jurisdiction of another agency. Such information cannot always be 
readily segregated. Furthermore, during the course of the 
investigation, an investigator may obtain information concerning the 
violation of laws outside the scope of the investigator's jurisdiction. 
In the interest of effective law enforcement, DOI investigators should 
retain this information, since it could aid in establishing patterns of 
criminal activity and provide valuable leads for other law enforcement 
agencies.
    4. 5 U.S.C. 552a(e)(4)(I). This section requires an agency to 
provide public notice of the categories of sources of records in the 
system. To the extent this provision is construed to require more 
detailed disclosure than the broad, generic information currently 
published in the systems of records notice, an exemption from this 
provision is necessary to protect the confidentiality of sources of 
information, and to protect the privacy and physical safety of 
witnesses and informants.

[[Page 27625]]

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 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: April 15, 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 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.

0
2. Amend Sec.  2.254 by adding paragraph (b)(17) to read as follows:

Sec.  2.254  Exemptions.

* * * * *
    (b) * * *

[[Page 27626]]

    (17) Indian Arts and Crafts Board, DOI-24.
* * * * *
[FR Doc. 2015-11686 Filed 5-13-15; 8:45 am]
 BILLING CODE 4334-12-P
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