Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8427 

Arizona only for those stationary 

sources under the permitting 

jurisdiction of the Pima County 

Department of Environmental Quality. 

The provisions of § 52.28 also remain 

the applicable plan for any Indian 

reservation lands, and any other area of 

Indian country where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction, located within the 

State of Arizona. 

* * * * * 

[FR Doc. 2022–02773 Filed 2–14–22; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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, DOI_Privacy@ios.doi.gov 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 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 


lotter on DSK11XQN23PROD with RULES1
8428 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

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 

■ 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. Amend § 2.254 by adding paragraph 

(b), revising paragraph (e) introductory 

text, and adding paragraph (e)(6) to read 

as follows: 

§ 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 

NATIONAL FOUNDATION ON THE 

ARTS AND HUMANITIES 

National Endowment for the 

Humanities 

45 CFR Part 1167 

RIN 3136–AA44 

Testimony and Production of Records 

AGENCY: National Endowment for the 

Humanities; National Foundation on the 

Arts and the Humanities. 

ACTION: Final rule. 

SUMMARY: The National Endowment for 

the Humanities (NEH) is adopting as 

final its proposed regulations to be 

followed when an NEH employee 

receives a demand or request to provide 

testimony or produce records in a legal 

proceeding. These procedures are 

designed to promote economy and 

efficiency in NEH’s programs and 

operations, to minimize the possibility 

of involving NEH in controversial issues 

not related to its functions, to maintain 

the impartiality of NEH among private 

litigants, and to protect sensitive, 

confidential information and the 

deliberative process. 

DATES: This final rule is effective on 

February 15, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Voyatzis, Deputy General 

Counsel, Office of the General Counsel, 

National Endowment for the 

Humanities, 400 7th Street SW, Room 

4060, Washington, DC 20506; (202) 606– 

8322; gencounsel@neh.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 4, 2022, NEH published in 

the Federal Register a notice of 

proposed rulemaking (87 FR 210), 

requesting public comment on a 

proposed rule regarding testimony and 

production of records. The agency 

received one comment about the 

proposed rule, which did not raise a 

point relevant to the consideration of 

the proposed rule. Accordingly, NEH is 

adopting the rule as proposed. 

The Federal courts have upheld the 

authority of a Federal agency to 

establish procedures governing the 

production of records and testimony by 


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