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[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Rules and Regulations]
[Pages 68799-68801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27328]

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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 2

[XXXD4523WT DWT000000.000000 DS65101000]
RIN 1090-AB07

Privacy Act Regulations; Exemption for the Insider Threat Program

AGENCY: Department of the 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 Insider Threat 
Program from one or more provisions of the Privacy Act because of 
criminal, civil, and administrative law enforcement requirements.

DATES: This final rule is effective December 19, 2014.

FOR FURTHER INFORMATION CONTACT: Teri Barnett, Department of the 
Interior Privacy Act 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:

Background

    The Department of the Interior (DOI) published a notice of proposed 
rulemaking in the Federal Register on September 2, 2014, 79 FR 51926, 
proposing to exempt certain records in the Insider Threat Program 
system of records in accordance with 5 U.S.C. 552a(j)(2) and (k)(2) of 
the Privacy Act because of criminal, civil, and administrative law 
enforcement requirements. The Insider Threat Program system of records 
notice was published in the Federal Register on September 2, 2014, 79 
FR 52033. Comments were invited on the Insider Threat Program system of 
records notice and the notice of proposed rulemaking. DOI received no 
comments on the notice of proposed rulemaking or published system of 
records notice and will therefore implement the rulemaking as proposed.

[[Page 68800]]

Procedural Requirements

1. Regulatory Planning and Review (E.O. 12866)

    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. We have developed this rule in a manner consistent 
with these requirements.

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. 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 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: November 10, 2014.
Kristen 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.

0
2. Amend Sec.  2.254 by:
0
a. Revising the introductory text of paragraph (a);
0
b. Adding paragraph (a)(6);
0
c. Revising the introductory text of paragraph (b); and
0
d. Adding paragraph (b)(16).
    The revisions and additions read as follows:

Sec.  2.254  Exemptions.

    (a) Criminal law enforcement records exempt under 5 U.S.C. 
552a(j)(2). Pursuant to 5 U.S.C. 552a(j)(2) the following systems of 
records are

[[Page 68801]]

exempted from all of the provisions of 5 U.S.C. 552a and the 
regulations in this subpart except paragraphs (b), (c)(1) and (2), 
(e)(4)(A) through (F), (e)(6), (7), (9), (10), (11) and (12), and (i) 
of 5 U.S.C. 552a and the portions of the regulations in this subpart 
implementing these paragraphs:
* * * * *
    (6) Insider Threat Program, DOI-50.
    (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 are 
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:
* * * * *
    (16) Insider Threat Program, DOI-50.
* * * * *
[FR Doc. 2014-27328 Filed 11-18-14; 8:45 am]
BILLING CODE 4334-12-P
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