[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8427-8428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03135]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 2

[DOI-2021-0014; 223D0102DM, DS65100000, DLSN00000, DX.65103]
RIN 1090-AB15


Privacy Act Regulations; Exemption for the Insider Threat Program

AGENCY: Office of the Secretary, 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/DOI-
50, Insider Threat Program, 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 February 15, 2022.

FOR FURTHER INFORMATION CONTACT: Teri Barnett, Departmental Privacy 
Officer, U.S. Department of the Interior, 1849 C Street NW, Room 7112, 
Washington, DC 20240, <a href="/cdn-cgi/l/email-protection#9aded5d3c5cae8f3ecfbf9e3daf3f5e9b4fef5f3b4fdf5ec"><span class="__cf_email__" data-cfemail="82c6cdcbddd2f0ebf4e3e1fbc2ebedf1ace6edebace5edf4">[email protected]</span></a> or (202) 208-1605.

SUPPLEMENTARY INFORMATION:

Background

    DOI published a notice of proposed rulemaking (NPRM) in the Federal 
Register at 86 FR 51645 (September 16, 2021) proposing to exempt 
portions of the INTERIOR/DOI-50, Insider Threat Program, system of 
records from certain provisions of the Privacy Act pursuant to 5 U.S.C. 
552a(k)(1) and (k)(5) due to criminal, civil, and administrative law 
enforcement requirements. DOI published a system of records notice 
(SORN) for INTERIOR/DOI-50, Insider Threat Program, in the Federal 
Register at 86 FR 48753 (August 31, 2021). Comments were invited on 
both the INTERIOR/DOI-50, Insider Threat Program, SORN and NPRM. DOI 
received no comments on the SORN and six comments on the NPRM that were 
not relevant or did not result in a change to the rulemaking. The 
rulemaking will be implemented as proposed with a correction to the 
redesignated paragraph (e).
    DOI previously published a final rule for INTERIOR/DOI-46, Physical 
Security Access Files, in the Federal Register at 86 FR 49927 
(September 7, 2021) to add new and redesignated paragraphs for DOI 
Privacy Act exemptions at 43 CFR 2.254. In that rulemaking, a new 
paragraph (b) was reserved for exemptions claimed under 5 U.S.C. 
552a(k)(1) as indicated in the published NPRM for the INTERIOR/DOI-50, 
Insider Threat Program, system of records. Paragraph (c) for 
investigatory records exempt under 5 U.S.C. 552a(k)(5) was redesignated 
to paragraph (e) to allow for a new paragraph (d) for exemptions 
claimed under 5 U.S.C. 552(k)(3) related to records maintained in 
connection with providing protective services.
    The NPRM for the INTERIOR/DOI-50, Insider Threat Program, system of 
records described the new reserved paragraph (b) and new redesignated 
paragraph (e) for the proposed exemptions claimed under 5 U.S.C. 
552a(k)(1) and (k)(5). However, the proposed redesignation of paragraph 
(e) was inadvertently changed during the publication process for the 
NPRM, which resulted in an incorrect reference to paragraph (c) for 
investigatory records exempt under 5 U.S.C. 552a(k)(5). This final rule 
corrects the redesignation of paragraph (e) and addresses a formatting 
error that occurred during publication of the final rule for INTERIOR/
DOI-46, Physical Security Access Files, that resulted in the erroneous 
addition of a paragraph (f) instead of the appropriate reference to 
subsection (f) of the Privacy Act.

Procedural Requirements

1. Regulatory Planning and Review (E.O. 12866 and E.O. 13563)

    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 Executive Order 
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. 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 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

[[Page 8428]]

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 significantly 
affecting the quality for the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) 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.

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 (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 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 adding paragraph (b), revising paragraph (e) 
introductory text, and adding paragraph (e)(6) to read as follows:


Sec.  2.254  Exemptions.

* * * * *
    (b) Classified records exempt under 5 U.S.C. 552a(k)(1). Pursuant 
to 5 U.S.C. 552a(k)(1), 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:
    (1) INTERIOR/DOI-50, Insider Threat Program.
    (2) [Reserved]
* * * * *
    (e) Investigatory records exempt under 5 U.S.C. 552a(k)(5). 
Pursuant to 5 U.S.C. 552a(k)(5), 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:
* * * * *
    (6) INTERIOR/DOI-50, Insider Threat Program.

Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2022-03135 Filed 2-14-22; 8:45 am]
BILLING CODE 4334-60-P


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