51916 Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. section 804(2). This 

rule is effective on October 2, 2014. 

L. Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 3, 

2014. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposed of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental Relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 11, 2014. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2014–20691 Filed 8–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

[XXXD4523WT DWT000000.000000 

DS65101000] 

RIN 1090–AB02 

Privacy Act Regulations; Exemption 

for the Incident Management, Analysis 

and Reporting System 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Interior is issuing a final rule to amend 

its regulations to exempt certain records 

in the Incident Management, Analysis 

and Reporting System from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative law 

enforcement requirements. 

DATES: This final rule is effective 

October 2, 2014. 

FOR FURTHER INFORMATION CONTACT: Teri 

Barnett, Departmental 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, 78 

FR 46555, August 1, 2013, proposing to 

exempt certain records in the Incident 

Management, Analysis and Reporting 

System (IMARS) from 5 U.S.C. 552a(j)(2) 

and (k)(2) of the Privacy Act because of 

criminal, civil, and administrative law 

enforcement requirements. The IMARS 

system of records notice was published 

in the Federal Register, 78 FR 45949, 

July 30, 2013, and an amended notice 

was published on June 3, 2014, 79 FR 

31974. Comments were invited on both 

the IMARS system of records notice and 

the amended system of records, and the 

notice of proposed rulemaking. DOI 

received no comments on the notice of 

proposed rulemaking or published 

system of records notices and will 

therefore implement the rulemaking as 

proposed. 

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, not to entities 

covered 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 foreignbased 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 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51917 

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. 

List of Subjects in 43 CFR Part 2 

Administrative practice and 

procedure, Classified information, 

Courts, Freedom of information, 

Government employees, Privacy. 

Dated: August 21, 2014. 

Rhea Suh, 

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 

■ 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. 

■ 2. In § 2.254, revise paragraph (a) 

introductory text, add paragraph (a)(5) 

revise paragraph (b) introductory text, 

and add paragraph (b)(15) to read as 

follows: 

§ 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 have been 

exempted from all of the provisions of 

5 U.S.C. 552a and the regulations in the 

subpart except paragraphs (b), (c)(1) and 

(2), (e)(4)(A) through (F), (e)(6), (7), (9), 

(10), and (11), and (i) of 5 U.S.C. 552a 

and the portions of the regulations in 

this subpart implementing these 

paragraphs: 

* * * * * 

(5) Incident Management, Analysis 

and Reporting System, DOI–10. 

(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: 

* * * * * 

(15) Incident Management, Analysis 

and Reporting System, DOI–10. 

* * * * * 

[FR Doc. 2014–20744 Filed 8–29–14; 8:45 am] 

BILLING CODE 4310–RK–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140106011–4338–02] 

RIN 0648–XD474 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Trimester Closure for the 

Common Pool Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; area closure. 

SUMMARY: This action closes the 

Southern New England/Mid-Atlantic 

yellowtail flounder Trimester Total 

Allowable Catch Area for the remainder 

of Trimester 1, through August 31, 2014. 

Based on our projection, the common 

pool fishery has caught over 90 percent 

of its Southern New England/MidAtlantic yellowtail flounder Trimester 1 

total allowable catch, triggering the 

regulatory requirement to close the area 

for the remainder of the trimester. This 

action is intended to prevent further 

overages of the common pool’s annual 

quota of Southern New England/MidAtlantic yellowtail flounder. 

DATES: This action is effective August 

27, 2014, through August 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Brett Alger, Fishery Management 

Specialist, 978–675–2153. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at § 648.82(n)(2)(ii) require 

the Regional Administrator to close a 

common pool Trimester Total 

Allowable Catch (TAC) Area for a stock 

when 90 percent of the Trimester TAC 

is projected to be caught. In such cases, 

the Trimester TAC Area for a stock 

closes to all common pool vessels 

fishing with gear capable of catching 

that stock for the remainder of the 

trimester. The fishing year 2014 (May 1, 

2014, through April 30, 2015) common 

pool sub-annual catch limit (sub-ACL) 

for Southern New England/Mid-Atlantic 

(SNE/MA) yellowtail flounder is 95.0 mt 

and the Trimester 1 (May 1, 2014, 

through August 31, 2014) TAC is 19.9 

mt. Based on the most recent data and 

information, which include vessel trip 

reports, dealer-reported landings, and 

vessel monitoring system (VMS) 

information, we have determined that 

150 percent of the Trimester 1 TAC was 

caught as of August 20, 2014. Because 

of the low trimester catch limit and the 

rate at which common pool vessels can 

harvest SNE/MA yellowtail flounder, it 

was not possible to initiate this action 

any earlier than this. Therefore, effective 

August 27, 2014, the SNE/MA 

Yellowtail Flounder Trimester TAC 

Area is closed for the remainder of 

Trimester 1, through August 31, 2014, to 

all common pool vessels fishing with 

trawl gear and sink gillnet gear. 

Effective August 27, 2014, it is unlawful 

for common pool vessels to fish for, 

harvest, possess, or land regulated 

species or ocean pout in or from the 

SNE/MA Yellowtail Flounder Trimester 

TAC Area. The SNE/MA Yellowtail 

Flounder Trimester TAC Area includes 

statistical areas 537, 538, 539, and 613. 

This restriction does not apply to the 

groundfish trip of a common pool vessel 

that crossed the VMS demarcation line 

before August 27, 2014, therefore, if you 

have crossed the VMS demarcation line 

mstockstill on DSK4VPTVN1PROD with RULES