Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Proposed Rules 1505 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, this proposed rulemaking 

action, pertaining to Massachusetts 

regional haze SIP submission for the 

second planning period, is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ The air agency did not 

evaluate environmental justice 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Sulfur oxides. 

Dated: December 20, 2023. 

David Cash, 

Regional Administrator, Region 1. 

[FR Doc. 2023–28573 Filed 1–9–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

[DOI–2023–0027; DS65100000 

DWSN00000.000000 24XD4523WS 

DP.65102] 

RIN 1090–AB28 

Privacy Act Regulations; Exemption 

for the Law Enforcement Records 

Management System 

AGENCY: Office of the Secretary, Interior. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of the 

Interior (DOI, Department) is proposing 

to amend its regulations to exempt 

certain records in the INTERIOR/DOI– 

10, DOI Law Enforcement Records 

Management System (LE RMS), system 

of records from one or more provisions 

of the Privacy Act of 1974 because of 

criminal, civil, and administrative law 

enforcement requirements. 

DATES: Submit comments on or before 

March 11, 2024. 

ADDRESSES: You may submit comments, 

identified by docket number [DOI– 

2023–0027] or Regulatory Information 

Number (RIN) Number 1090–AB28, by 

any of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for sending comments. 

• Email: DOI_Privacy@ios.doi.gov. 

Include docket number [DOI–2023– 

0027] or RIN 1090–AB28 in the subject 

line of the message. 

• U.S. mail or hand-delivery: Teri 

Barnett, Departmental Privacy Officer, 

U.S. Department of the Interior, 1849 C 

Street NW, Room 7112, Washington, DC 

20240. 

Instructions: All submissions received 

must include the agency name and 

docket number [DOI–2023–0027] or RIN 

1090–AB28 for this rulemaking. All 

comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Teri 

Barnett, Departmental Privacy Officer, 

U.S. Department of the Interior, 1849 C 

Street NW, Room 7112, Washington, DC 

20240, DOI_Privacy@ios.doi.gov or (202) 

208–1605. In compliance with the 

Providing Accountability Through 

Transparency Act of 2023, the plain 

language summary of the proposal is 

available on Regulations.gov in the 

docket for this rulemaking. 

SUPPLEMENTARY INFORMATION: 

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 information about 

individuals that is 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). 

Individuals may request access to 

records containing information about 

themselves under the Privacy Act of 

1974, 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 

pursuant to 5 U.S.C. 552a(j) and (k). 

The DOI Office of Law Enforcement 

and Security (OLES) maintains the 

INTERIOR/DOI–10, DOI Law 

Enforcement Records Management 

System (LE RMS), system of records to 

help DOI and its law enforcement 

bureaus and offices carry out 

responsibilities to prevent, detect, and 

investigate known and suspected 

criminal activity; detain and apprehend 

those committing crimes on DOI 

properties or Tribal reservations; 

manage investigations and law 

enforcement activities including use of 

force, critical incidents, property 

damage claims, traffic accidents, and 

domestic issues; and prevent visitor 

accidents or injuries on DOI properties 

or Tribal reservations. The system also 

contains statements and records of 

complaints, reports, correspondence 

from or about complainants, subjects, 

and victims of law enforcement 

investigations. Accordingly, records in 

the system are used during 

investigations and law enforcement 

activities and related criminal 


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1506 Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Proposed Rules 

prosecutions, civil proceedings, and 

administrative actions. 

A system of records notice for 

INTERIOR/DOI–10, Incident 

Management, Analysis and Reporting 

System, was previously published in the 

Federal Register at 79 FR 31974 (June 

3, 2014); modification published at 86 

FR 50156 (September 7, 2021). DOI 

published an updated notice elsewhere 

in the Federal Register concurrently 

with this notice of proposed rulemaking 

(NPRM) to update the title of the system 

to INTERIOR/DOI–10, DOI Law 

Enforcement Records Management 

System (LE RMS) and denote changes to 

the modified system. 

Under 5 U.S.C. 552a(j) and (k), the 

head of a Federal agency may 

promulgate rules to exempt a system of 

records from certain provisions of the 

Privacy Act of 1974. The INTERIOR/ 

DOI–10, DOI Law Enforcement Records 

Management System (LE RMS), system 

of records contains law enforcement 

records and investigatory material that 

are exempt from provisions of the 

Privacy Act of 1974 under 5 U.S.C. 

552a(j) and (k). The DOI previously 

promulgated regulations at 43 CFR 

2.254 to exempt records in this system 

from all provisions of the Privacy Act 

except subsections (b), (c)(1) and (2), 

(e)(4)(A) through (F), (e)(6), (7), (9), (10), 

and (11), and (i) pursuant to 5 U.S.C. 

552a(j)(2); and to exempt records from 

subsections (c)(3), (d), (e)(1), (e)(4)(G), 

(H), and (I), and (f) of the Privacy Act 

pursuant to 5 U.S.C. 552a(k)(2). 

In this NPRM, DOI is proposing to 

amend its existing exemptions under 43 

CFR 2.254 subsections (a) and (c) to 

reflect the new title of the system, 

INTERIOR/DOI–10, DOI Law 

Enforcement Records Management 

System (LE RMS), and to claim 

additional exemptions from subsections 

(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), 

and (f) of the Privacy Act pursuant to 5 

U.S.C. 552a(k)(1), (k)(3), (k)(5), and 

(k)(6) because this system of records 

contains material that support law 

enforcement activities and 

investigations. DOI may waive 

exemptions on a case-by-case basis 

where a release would not interfere with 

or reveal investigatory material 

compiled for law enforcement purposes, 

or reveal records on suitability, 

eligibility, or qualifications for Federal 

employment, military service, Federal 

contracts, or access to classified 

information, or compromise 

confidential sources. Exemptions from 

these 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 

available to the individual named in the 

record upon request. Records in this 

system may contain investigatory 

records and material compiled for law 

enforcement purposes other than 

material within the scope of 5 U.S.C. 

552a(j)(2). Release of accounting of 

disclosures would alert the subjects of 

an investigation to the existence of the 

investigation, law enforcement activity 

or investigation, and the fact that they 

are subjects of the investigation or could 

disclose confidential information that 

could be detrimental to national 

security. The release of such 

information to the subjects of an 

investigation would provide them with 

significant information concerning the 

nature and scope of an 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. Records in this 

system may contain investigatory 

material compiled for law enforcement 

purposes other than material within the 

scope of 5 U.S.C. 552a(j)(2). Granting 

access to these records in the system 

could inform the subject of an 

investigation of an actual or potential 

criminal violation of the existence of 

that investigation, the nature and scope 

of the information and evidence 

obtained, of 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 confidential information 

that could impact national security or 

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 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 only after information is evaluated 

that the relevance and necessity of such 

information can be established for an 

investigation. In addition, during the 

course of an 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 readily be 

segregated. 

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. The application 

of this provision could provide the 

subject of an investigation with 

substantial information about the nature 

and scope of that investigation, could 

provide information to enable the 

subject to avoid detection or 

apprehension, seriously impede or 

compromise an investigation, or the 

fabrication of testimony, and disclose 

investigative techniques and 

procedures. Additionally, the 

application of this section could cause 

sources to refrain from giving such 

information because of fear of reprisal, 

or fear of breach of promise(s) of 

anonymity and confidentiality. This 

could compromise DOI’s ability to 

conduct investigations and to identify, 

detect and apprehend violators. 

Procedural Requirements 

1. Regulatory Planning and Review 

(Executive Orders 12866, 13563, and 

14094) 

Executive Order (E.O.) 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. 

Executive Order 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 


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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Proposed Rules 1507 

this 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 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. 104–221)). 

This proposed 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 proposed rule is 

not a major rule under 5 U.S.C. 804(2). 

This proposed 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. 

3. Unfunded Mandates Reform Act 

This proposed 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 proposed rule 

does not have a significant or unique 

effect on State, local, or Tribal 

governments or the private sector. This 

proposed 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, the proposed rule does not have 

significant takings implications. This 

proposed 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 proposed rule does not have 

any federalism implications to warrant 

the preparation of a Federalism 

Assessment. The proposed 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 proposed 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 proposed rule and 

determined that it would have no 

substantial effects on Federally 

Recognized Indian Tribes. 

8. Paperwork Reduction Act 

This proposed 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. 

9. National Environmental Policy Act 

This proposed 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 proposed rule is 

covered by a categorical exclusion. We 

have determined the proposed rule is 

categorically excluded under 43 CFR 

46.210(i) because it is administrative, 

legal, and technical in nature. We also 

have determined the proposed 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 proposed 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 proposed 

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 

■ 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. 

■ 2. Amend § 2.254 by: 

■ a. Revising paragraph (a)(5); 

■ b. Adding paragraph (b)(4); 

■ c. Revising paragraph (c)(15); and 

■ d. Adding paragraphs (d)(4), (e)(9), 

and (f)(2). 

The additions and revisions read as 

follows: 

§ 2.254 Exemptions. 

* * * * * 

(a) * * * 

(5) INTERIOR/DOI–10, DOI Law 

Enforcement Records Management 

System (LE RMS). 

(b) * * * 

(4) INTERIOR/DOI–10, DOI Law 

Enforcement Records Management 

System (LE RMS). 

(c) * * * 

(15) INTERIOR/DOI–10, DOI Law 

Enforcement Records Management 

System (LE RMS). 

(d) * * * 


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1508 Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Proposed Rules 

(4) INTERIOR/DOI–10, DOI Law 

Enforcement Records Management 

System (LE RMS). 

(e) * * * 

(9) INTERIOR/DOI–10, DOI Law 

Enforcement Records Management 

System (LE RMS). 

(f) * * * 

(2) INTERIOR/DOI–10, DOI Law 

Enforcement Records Management 

System (LE RMS). 

* * * * * 

Teri Barnett, 

Departmental Privacy Officer, Department of 

the Interior. 

[FR Doc. 2024–00318 Filed 1–9–24; 8:45 am] 

BILLING CODE 4334–63–P 


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