Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4673 

nature. (For further information see 43 

CFR 46.210(i).) We have also 

determined that the rule does not 

involve any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under NEPA. 

K. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211; the rule is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy, and the 

rule has not otherwise been designated 

by the OIRA Administrator as a 

significant energy action. A statement of 

energy effects is not required. 

L. Administrative Procedure Act 

The Act requires agencies to publish 

annual inflation adjustments by no later 

than January 15 of each year, 

notwithstanding section 553 of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553). OMB has interpreted this 

direction to mean that the usual 

procedure for rulemaking under the 

APA—which includes public notice of a 

proposed rule, an opportunity for public 

comment, and a delay in the effective 

date of a final rule—is not required 

when agencies issue regulations to 

implement the annual adjustments to 

civil penalties that the Act requires. 

Accordingly, we are issuing the 2025 

annual adjustments as a final rule 

without prior notice or an opportunity 

for comment and with an effective date 

immediately upon publication in the 

Federal Register. Providing an 

opportunity for public comment and a 

delay in the effective date for changing 

the regulations to reflect the current 

mailing address of the NAGPRA 

Program Manager would be unnecessary 

and contrary to the public interest. 

List of Subjects in 43 CFR Part 10 

Administrative practice and 

procedure, Alaska, Cemeteries, 

Citizenship and naturalization, Colleges 

and universities, Hawaiian Natives, 

Historic preservation, Human remains, 

Indians, Indians—claims, Indians—law, 

Indians—lands, Museums, Penalties, 

Public lands, Reporting and 

recordkeeping requirements, Treaties. 

For the reasons given in the preamble, 

the Office of the Secretary amends 43 

CFR part 10 as follows: 

PART 10—NATIVE AMERICAN 

GRAVES PROTECTION AND 

REPATRIATION REGULATIONS 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 25 U.S.C. 3001 et seq. and 25 

U.S.C. 9. 

§ 10.1 [Amended] 

■ 2. In § 10.1, remove ‘‘7360’’ and add 

in its place ‘‘2343’’ in paragraph (e)(2). 

§ 10.11 [Amended] 

■ 3. In § 10.11: 

■ a. Remove ‘‘$8,315’’ and add in its 

place ‘‘$8,531’’ in paragraph (c)(1); 

■ b. Remove ‘‘$1,664’’. and add in its 

place ‘‘$1,707’’ in paragraph (g)(4); and 

■ c. Remove ‘‘$1,496’’ and add in its 

place ‘‘$1,707’’ in paragraph (m)(1). 

Shannon Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2025–00976 Filed 1–15–25; 8:45 am] 

BILLING CODE 4312–52–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 5b 

[Docket Number NIH–2022–0002] 

RIN 0925–AA69 

Privacy Act; Implementation 

AGENCY: National Institutes of Health 

(NIH), Department of Health and Human 

Services (HHS). 

ACTION: Final rule. 

SUMMARY: The Department of Health and 

Human Services (HHS or Department) is 

issuing this final rule to make effective 

the exemptions that were previously 

proposed for a new Privacy Act system 

of records, ‘‘NIH Police Records,’’ 

maintained by the National Institutes of 

Health (NIH), from certain requirements 

of the Act. The new system of records 

covers criminal and non-criminal law 

enforcement investigatory material 

maintained by the NIH Division of 

Police, a component of NIH which 

performs criminal law enforcement as 

its principal function. The exemptions 

are necessary and appropriate to protect 

the integrity of law enforcement 

proceedings and records compiled 

during the course of NIH Division of 

Police activities, prevent disclosure of 

investigative techniques, and protect the 

identity of confidential sources involved 

in those activities. 

DATES: This final rule is effective 

February 18, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Dustin Close, Office of Management 

Assessment, National Institutes of 

Health, 6705 Rockledge Drive, Suite 

601, Bethesda, Maryland 20892, 

telephone 301–402–6469, email 

privacy@mail.nih.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

HHS/NIH published a Notice of 

Proposed Rulemaking (NPRM) in the 

Federal Register on June 7, 2024 (89 FR 

48536), seeking notice and comment 

concerning proposed exemptions for a 

new system of records with respect to 

certain materials maintained by the NIH 

Division of Police. These proposals were 

made in accordance with the Privacy 

Act of 1974 (Privacy Act) and the Office 

of Management and Budget (OMB) 

Circular A–108, Federal Agency 

Responsibilities for Review, Reporting, 

and Publication under the Privacy Act. 

This new system of records was 

described in a System of Records Notice 

(SORN) that was published in the 

Federal Register (89 FR 48654) on the 

same day for notice and comment. A 60- 

day comment period was provided for 

both the NPRM and the SORN. The 

public comment period for both the 

NPRM and the SORN expired on August 

6, 2024. One comment was received in 

response to the NPRM, and no 

comments were received in response to 

the SORN. The comment received in 

response to the NPRM supported the 

rulemaking action. HHS/NIH made no 

changes to the exemptions that were 

proposed in the NPRM or to the SORN 

in response to the public comment 

received. The NPRM, as published on 

June 7, 2024 (89 FR 48654), provided for 

the SORN to be effective upon 

publication of this final rule. Therefore, 

the SORN, as published on June 7, 2024 

(89 FR 48654), is now effective. 

II. Background on the NIH Police 

Division and New System of Records 

09–25–0224 

The NIH Division of Police, 

organizationally located within the 

Office of Research Services (ORS), 

Office of the Director, NIH, was 

established in 1968 to provide an 

immediate and primary law 

enforcement program for the NIH and 

derives its authority from Memorandum 

from the Assistant Secretary for 

Administration, Office of the Secretary 

(OS), to the Director, NIH, June 13, 

1968, entitled: Delegation of Authority 

to Assist in Controlling Violations of 

Law at Certain HEW [Department of 

Health, Education, and Welfare] 

Facilities Located in Montgomery 

County, Maryland; 40 U.S.C. 1315 (Law 

enforcement authority of Secretary of 

Homeland Security for protection of 

public property; a Department of 

Homeland Security (DHS) delegation of 

authority to HHS/NIH; and an NIH 

delegation of authority to the NIH 

Division of Police); General 


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Administrative Delegation of Authority 

Number 08, Control of Violations of Law 

at Certain NIH Facilities (Sept. 1, 2020). 

Based on that establishing authority, the 

Division of Police performs criminal law 

enforcement as its principal function. 

However, the Division of Police 

conducts criminal, civil, administrative, 

and regulatory law enforcement 

investigations. 

The NIH Division of Police is directly 

responsible for the provision of daily 

law enforcement and criminal and civil 

investigative activities required to 

protect the life, safety, and property of 

NIH employees, contractors, patients, 

and visitors at NIH. To perform these 

responsibilities, the NIH Division of 

Police compiles and maintains records 

of complaints of incidents, inquiries, 

investigative findings, arrest records, 

and court dispositions which are 

retrieved by personal identifiers and 

therefore constitute a ‘‘system of 

records’’ as defined by the Privacy Act 

at 5 U.S.C. 552a(a)(5). The primary 

purposes for which the records are used 

are to: (1) record incidents of crime, 

civil disturbance, and traffic accidents 

on the NIH enclave, and the 

investigation of such incidents; (2) 

maintain information essential to the 

protection of life, safety, and property at 

NIH; (3) provide official records of law 

enforcement investigative efforts for use 

in administrative, criminal and/or civil 

proceedings; and (4) document criminal 

and civil law enforcement 

investigations. 

III. Eligible Records and Exemptions 

The new system of records includes 

both criminal and non-criminal (e.g., 

civil, administrative, regulatory) law 

enforcement investigatory records 

which will be retrieved by subject 

individuals’ personal identifiers. Such 

records are eligible to be exempted from 

certain Privacy Act requirements, as 

follows: 

• Subsection (j)(2) of the Privacy Act 

(5 U.S.C. 552a(j)(2)) allows an agency 

head to exempt from certain Privacy Act 

provisions a system of records 

maintained by the agency or component 

thereof which performs as its principal 

function any activity pertaining to the 

enforcement of criminal laws. 

• Subsection (k)(2) of the Act (5 

U.S.C. 552a(k)(2)) allows an agency 

head to exempt from certain Privacy Act 

provisions a system of records 

containing investigatory material 

compiled for law enforcement purposes, 

other than material within the scope of 

subsection (j)(2) (for example, material 

compiled for a civil, administrative, or 

regulatory law enforcement purpose, or 

material compiled for a criminal law 

enforcement purpose by an agency 

component that does not perform 

criminal law enforcement as its 

principal function). This exemption’s 

effect on the subject individual’s access 

rights is qualified in that if any 

individual is denied any right, privilege, 

or benefit to or for which the individual 

otherwise would be entitled by Federal 

law, or for which the individual would 

otherwise be eligible, as a result of the 

maintenance of the system of records, 

the individual must be provided the 

requested materials except to the extent 

that disclosure would reveal the identity 

of a source who furnished information 

to the Government under an express 

promise that the identity of the source 

would be held in confidence. 

HHS/NIH is establishing the following 

exemptions for the records: 

• Based on 5 U.S.C. 552a(k)(2), HHS/ 

NIH is exempting non-criminal (e.g., 

civil, administrative, regulatory) law 

enforcement investigatory material in 

System No. 09–25–0224 from the 

requirements in subsections (c)(3), (d)(1) 

through (4), (e)(1), (e)(4)(G) through (I), 

and (f) of the Privacy Act, which require 

the agency to provide an accounting of 

disclosures; provide notification, access, 

and amendment rights; maintain only 

relevant and necessary information 

authorized by a statute or Executive 

order; establish and describe procedures 

whereby an individual can be notified if 

a system of records contains information 

pertaining to that individual and how to 

gain access to pertinent records; identify 

categories of record sources; and 

promulgate rules regarding these 

procedures. The effect of this exemption 

on a subject individual’s access rights 

will be to permit withholding the 

records during an ongoing investigation, 

but limited as required by subsection 

(k)(2) to information that would reveal 

the identity of a source who was 

expressly promised confidentiality in 

cases in which maintenance of the 

records results in denial of a Federal 

right, privilege, or benefit to or for 

which the individual would otherwise 

be entitled or eligible. 

• Based on subsection 5 U.S.C. 

552a(j)(2), HHS/NIH is exempting 

criminal law enforcement investigatory 

material in System No. 09–25–0224 

from the same requirements identified 

above, and from these additional 

subsections: 

Æ (c)(4), requiring the agency to 

inform disclosure recipients of 

corrections and notations of dispute 

affecting disclosed records; 

Æ (e)(2) and (3), requiring the agency 

to collect information directly from the 

subject individual to the greatest extent 

practicable and to provide a Privacy Act 

notice to the individual at the time of 

collection; 

Æ (e)(5), requiring the agency to 

maintain records used in agency 

determinations with sufficient accuracy, 

relevance, timeliness, and completeness 

to ensure fairness to individuals; 

Æ (e)(8), requiring the agency to 

attempt to notify an individual when a 

record about the individual is disclosed 

under compulsory legal process; and 

Æ (g), subjecting the agency to civil 

action and civil remedies for 

noncompliance with access, 

amendment, and accuracy, relevance, 

timeliness, and completeness 

requirements, and for noncompliance 

that adversely affects an individual. 

Notwithstanding the establishment of 

these exemptions, individual record 

subjects may submit accounting, access, 

notification, and amendment requests, 

and HHS/NIH will consider such 

requests on a case-by-case basis. Only 

information that is not factually 

accurate, or is not relevant, timely, or 

complete may be contested. 

In addition to the exemptions that 

HHS/NIH is establishing for system of 

records 09–25–0224 in this final rule, if 

any law enforcement investigatory 

material compiled in that system of 

records is from another system of 

records in which such material was 

exempted from access and other 

requirements of the Privacy Act based 

on 5 U.S.C. 552a(j)(2), NIH may claim 

the same exemptions in system of 

records 09–25–0224 on the same basis 

(i.e., 5 U.S.C. 552a(j)(2)) and from the 

same requirements as in the source 

system from which they originated. 

IV. Exemption Rationales 

The following specific rationales 

explain why each exemption is 

necessary and appropriate for law 

enforcement investigation records 

maintained by the NIH Division of 

Police, in order to prevent interference 

with and protect the integrity of 

pending, closed, and future 

investigations, including related 

investigations. All subsections 

referenced are subsections of 5 U.S.C. 

552a. 

• Subsection (c)(3) (Provide 

Accountings of Disclosures). This 

exemption will apply to both criminal 

and non-criminal law enforcement 

investigatory material. Providing an 

accounting of disclosures to an 

individual record subject could reveal 

the existence of a pending or prior 

investigation or present or past 

investigative interest on the part of NIH 

or another agency. This would pose a 

serious impediment to law enforcement 

efforts and undermine the investigative 


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process by enabling a subject individual 

or others in concert with that individual 

to harass, intimidate, or collude with 

witnesses, destroy, conceal, or tamper 

with evidence, threaten or endanger law 

enforcement personnel, alter patterns of 

behavior, and avoid detection or 

apprehension by law enforcement 

authorities. 

• Subsection (c)(4) (Inform Disclosure 

Recipients of Corrections and Notations 

of Dispute). This exemption applies to 

only criminal law enforcement 

investigatory material. Because system 

of records 09–25–0224 will be exempt 

from amendment requirements in 

subsection (d) and HHS/NIH’s 

compliance with amendment 

requirements therefore will be 

voluntary, it is necessary and 

appropriate that HHS/NIH’s compliance 

with the requirement in subsection 

(c)(4) be voluntary also. This will give 

HHS/NIH the flexibility to decide which 

cases warrant expending resources to 

meet those administratively 

burdensome requirements. 

• Subsection (d)(1) through (4) 

(Provide Notification, Access, and 

Amendment Rights). These exemptions 

apply to both criminal and non-criminal 

law enforcement investigatory material. 

Providing subject individuals with the 

right to be notified of whether the 

system of records contains a record 

about them and to access and amend 

such records could reveal the existence 

of a pending or prior investigation or 

present or past investigative interest by 

NIH or another agency and details about 

the investigation, including identities of 

sources of information, personal 

information about third parties, and 

sensitive investigative techniques. This 

could impair pending and future 

investigations by chilling or deterring 

sources of information from providing 

information to investigators 

(particularly if they are not certain of its 

accuracy or fear retribution), by 

providing an opportunity for subject 

individuals and others acting in concert 

with subject individuals to tamper with 

witnesses or evidence, and by allowing 

individuals to alter their behavior to 

defeat investigative techniques and 

avoid detection or apprehension. 

Complying with amendment 

requirements could significantly delay 

investigations while attempts are made 

to resolve questions of accuracy, 

relevance, timeliness, and completeness 

and would impose an impossible 

administrative burden by requiring 

investigations to be continuously 

reinvestigated. In the case of criminal 

investigations, since the system of 

records will be exempt from having to 

maintain records that are accurate, 

relevant, timely, and complete, the 

exemption from amendments seeking to 

correct to those standards is also 

appropriate. 

• Subsection (e)(1) (Maintain Only 

Relevant and Necessary Information 

Authorized by Statute or Executive 

order). This exemption applies to both 

criminal and non-criminal law 

enforcement investigatory material. In 

the course of a law enforcement 

investigation, and especially in the early 

stages of an investigation, the relevance 

and necessity of information obtained or 

introduced may be unclear or the 

information may not be strictly relevant 

or necessary to a specific investigation 

but may lead to discovery of relevant 

information. In the interests of effective 

law enforcement, it is appropriate to 

retain all information that may aid in 

establishing patterns of unlawful 

activity. 

• Subsections (e)(2) and (3) (Collect 

Information Directly From the Subject 

Individual to the Greatest Extent 

Practicable, and Provide a Privacy Act 

Notice). These exemptions apply to only 

criminal law enforcement investigatory 

material. It is not always practicable to 

collect information sought in a criminal 

law enforcement investigation directly 

from subject individuals. Individuals 

who could be adversely affected by an 

investigation may intentionally provide 

unreliable information to avoid being 

implicated in criminal activity. 

Questioning subject individuals and 

providing a Privacy Act notice to them 

(i.e., informing them of the purposes for 

which information collected from them 

will be used and disclosed and how 

providing or not providing it could 

affect them), could inappropriately 

reveal the existence, nature, scope, and 

details of the investigation. This would 

provide an opportunity for the subject 

individual or others acting in concert 

with that individual to conceal 

evidence, alter patterns of behavior, or 

take other actions that could thwart 

investigative efforts; reveal the identity 

of witnesses in investigations, thereby 

providing an opportunity for the 

subjects of the investigations or others 

to harass, intimidate, or otherwise 

interfere with the collection of evidence 

or other information from such 

witnesses; or reveal the identity of 

confidential or other informants who 

provide information to investigators, 

which would negatively affect an 

informant’s usefulness in any ongoing 

or future investigations and discourage 

members of the public from cooperating 

with future investigations. 

• Subsections (e)(4)(G) and (H) 

(Describe Procedures for Notification, 

Access, and Amendment). These 

exemptions apply to both criminal and 

non-criminal law enforcement 

investigatory material. Because system 

of records 09–25–0224 will be exempt 

from request requirements in subsection 

(d)(1) through (4) (Provide Notification, 

Access, and Amendment Rights) and 

HHS/NIH’s compliance with those 

request requirements will therefore be 

voluntary, it is appropriate that HHS/ 

NIH’s compliance with the requirements 

in subsection (e)(4)(G) and (H) to 

provide request procedures be voluntary 

also. HHS/NIH has included request 

procedures in the SORN for system of 

records 09–25–0224 because, 

notwithstanding the exemptions, 

individual record subjects may submit 

access and amendment requests, and 

HHS/NIH will consider such requests 

on a case-by-case basis. 

• Subsection (e)(4)(I) (Identify 

Categories of Record Sources in the 

SORN). This exemption applies to both 

criminal and non-criminal law 

enforcement investigatory material. 

Because the information in these 

records may come from any source, it is 

not possible to know every category in 

advance in order to include them all in 

the SORN. Further, some record source 

categories would not be appropriate to 

publish in the SORN if, for example, 

revealing them could thwart or impede 

pending and future law enforcement 

investigations by enabling record 

subjects or other individuals to discover 

sensitive investigative techniques and 

devise ways to bypass or defeat them to 

evade detection and apprehension. 

• Subsection (e)(5) (Maintain Records 

Used in Agency Determinations with 

Sufficient Accuracy, Relevance, 

Timeliness, and Completeness to Ensure 

Fairness). This exemption applies to 

only criminal law enforcement 

investigatory material. It is not always 

possible to know whether criminal law 

enforcement investigation information 

is accurate, relevant, timely, and 

complete. With regard to relevance, in 

the course of a law enforcement 

investigation, and especially in the early 

stages of an investigation, the relevance 

of information obtained or introduced 

may be unclear or the information may 

not be strictly relevant to a specific 

investigation. Compliance with (e)(5) 

would preclude NIH agents from using 

their investigative training and exercise 

of good judgment to both conduct and 

report on investigations. 

• Subsection (e)(8) (Make Reasonable 

Efforts to Provide Notice of Disclosures 

Made Under Compulsory Legal Process 

When Such Process Becomes A Matter 

of Public Record). This exemption 

applies to only criminal law 

enforcement investigatory material. 


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Compliance with this requirement 

would risk revealing an ongoing 

criminal investigation to the target of an 

investigation who otherwise might not 

be aware of it, defeating a law 

enforcement advantage in those cases. 

Compliance with this requirement 

would also risk revealing a criminal 

investigation by mistake or 

inappropriately in cases in which an 

investigation was not in fact a matter of 

public record or was not intended to be 

made public. 

• Subsection (g) (Civil Liability for 

Noncompliance with Notification, 

Access, Amendment, and Accuracy, 

Relevance, Timeliness, and 

Completeness Requirements, or for 

Noncompliance That Causes an Adverse 

Effect). This exemption applies to only 

criminal law enforcement investigatory 

material. The exemption would prevent 

a subject individual from bringing a 

civil action against the agency for 

violations of Privacy Act requirements 

as to those records; this would include 

violations of the preceding 

requirements, from which the agency 

would be exempt anyway (which 

violations therefore would be unlikely 

to support a successful civil action), and 

any other violations causing an adverse 

effect on the individual. Any civil 

action (even an untenable one) could 

interfere with, delay, and undermine 

pending and prospective investigations, 

reveal sensitive investigative techniques 

and evidence, cause unwarranted 

invasions of personal privacy, and 

reveal identities of witnesses, potential 

witnesses, and confidential sources. 

Subsection (f) (Promulgate Rules 

Regarding These Procedures). This 

exemption applies to both criminal and 

non-criminal law enforcement 

investigatory material provided 

however, that for investigative material 

compiled for law enforcement purposes 

other than material within the scope of 

5 UC 552a(j)(2), if any individual is 

denied any right, privilege, or benefit for 

which he or she would otherwise be 

eligible, as a result of the maintenance 

of these records, such material shall be 

provided to such individual, except to 

the extent that the disclosure of such 

material would reveal the identity of a 

source who furnished information to the 

Government under an express promise 

that the identity of the source would be 

held in confidence. Compliance with 

this requirement may help protect the 

agency from a claim regarding adequacy 

of or procedural objections to any 

relevant rules. 

For the reasons stated, HHS/NIH 

believes that the exemptions authorized 

in 5 U.S.C. 552a(j)(2) and (k)(2) are 

essential to system of records 09–25– 

0224 to prevent interference with and 

protect the integrity of all investigations 

concerning the NIH Division of Police. 

In NIH’s past experience, not having 

these protections has led to the overall 

hinderance of law enforcement 

operations. These exemptions will help 

prevent such problems from recurring in 

the future. 

Accordingly, HHS exempts both 

criminal and non-criminal law 

enforcement investigatory material in 

system of records 09–25–0224 NIH 

Police Records from the requirements in 

subsections (c)(3), (d)(1) through (4), 

(e)(1), (e)(4)(G) through (I), and (f) of the 

Privacy Act, based on 5 U.S.C. 552a(j)(2) 

and (k)(2), and exempts criminal law 

enforcement investigatory material in 

the same system of records from the 

additional requirements in subsections 

(c)(4), (e)(2) and (3), (e)(5), (e)(8), and (g) 

of the Privacy Act, based on 5 U.S.C. 

552a(j)(2). 

Regulatory Impact Analysis 

I. Introduction 

We examined the impacts of this rule 

under Executive Order 12866, 

Regulatory Planning and Review; 

Executive Order 13563, Improving 

Regulation and Regulatory Review; 

Executive Order 14094, Modernizing 

Regulatory Review; the Regulatory 

Flexibility Act (5 U.S.C. 601–612); the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4), the Paperwork 

Reduction Act of 1995 (44 U.S.C. 35–1 

et seq., and Executive Order 13132, 

Federalism. 

II. Review Under Executive Orders 

12866, 13563, and 14094 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). The Executive Order 14094 

entitled ‘‘Modernizing Regulatory 

Review’’ amends section 3(f) of 

Executive Order 12866 (Regulatory 

Planning and Review). The amended 

section 3(f) of Executive Order 12866 

defines a ‘‘significant regulatory action’’ 

as an action that is likely to result in a 

rule that may: (1) have an annual effect 

on the economy of $200 million or more 

in any 1 year (adjusted every 3 years by 

the Administrator of OIRA for changes 

in gross domestic product); or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

territorial, or tribal governments or 

communities; (2) create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; (3) materially alter the 

budgetary impacts of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) raise legal or policy issues 

for which centralized review would 

meaningfully further the President’s 

priorities or the principles set forth in 

this Executive order, as specifically 

authorized in a timely manner by the 

Administrator of OIRA in each case. 

A regulatory impact analysis (RIA) 

must be prepared for major rules with 

significant regulatory action/s and/or 

with significant effects as per section 

3(f)(1) ($200 million or more in any 1 

year). OMB’s Office of Information and 

Regulatory Affairs has determined that 

this rulemaking is ‘‘not significant’’ 

under section 3(f) and does not meet the 

criteria set forth in 5 U.S.C. 804(2) 

under Subtitle E of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (also known as the Congressional 

Review Act). Thus, an RIA is 

unnecessary. 

This rule renders certain Privacy Act 

requirements inapplicable to certain 

records (in this case, law enforcement 

investigatory records) in accordance 

with criteria established in the Privacy 

Act based on a showing that agency 

compliance with those requirements 

with respect to those records would 

harm the effectiveness or integrity of the 

agency function or process for which 

the records are maintained (in this case, 

law enforcement investigations). 

However, OMB has reviewed this 

regulation under its Privacy Act 

oversight authority. 

III. Review Under the Regulatory 

Flexibility Act (5 U.S.C. 601–612) 

The Regulatory Flexibility Act 

requires agencies to analyze regulatory 

options that would minimize any 

significant impact of a rule on small 

entities. Because the rule concerns 

records about individuals, it imposes no 

duties or obligations on small entities; 

the agency therefore certifies that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

IV. Review Under the Unfunded 

Mandates Reform Act of 1995 (Section 

202, Pub. L. 104–4) 

Section 202(a) of the Unfunded 

Mandates Reform Act of 1995 requires 

that agencies prepare a written 

statement, which includes an 

assessment of anticipated costs and 


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benefits, before issuing ‘‘any rule that 

includes any Federal mandate that may 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100,000,000 

or more (adjusted annually for inflation) 

in any one year.’’ The current inflationadjusted statutory threshold is 

approximately $156 million based on 

the Bureau of Labor Statistics inflation 

calculator. The agency does not expect 

this rule will result in any one-year 

expenditure that would meet or exceed 

this amount. 

V. Review Under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 35–1 

et seq.) 

This rule does not contain any 

information collection requirements 

subject to the Paperwork Reduction Act. 

VI. Review Under Executive Order 

13132, Federalism 

This rule will not have any direct 

effects on 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. Therefore, 

no federalism assessment is required. 

List of Subjects in 45 CFR Part 5b 

Privacy. 

For the reasons set out in the 

preamble, the Department of Health and 

Human Services amends 45 CFR part 5b 

as follows: 

PART 5B—PRIVACY ACT 

REGULATIONS 

■ 1. The authority citation for part 5b 

continues to read as follows: 

Authority: 5 U.S.C. 301, 5 U.S.C. 552a. 

■ 2. Amend § 5b.11 by adding paragraph 

(b)(2)(ix) to read as follows: 

§ 5b.11 Exempt systems. 

* * * * * 

(b) * * * 

(2) * * * 

(ix) Pursuant to subsections (j)(2) and 

(k)(2) of the Act: 

(A) NIH Police Records, 09–25–0224. 

(All law enforcement investigatory 

records are exempt from subsections 

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

through (I), and (f) of the Act; criminal 

law enforcement investigatory records 

are exempt from additional subsections 

(c)(4), (e)(2) and (3), (e)(5), (e)(8), and 

(g); the access exemption for noncriminal law enforcement investigatory 

records is limited as provided in 

subsection (k)(2).) 

(B) [Reserved] 

* * * * * 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2025–00670 Filed 1–15–25; 8:45 am] 

BILLING CODE 4150–01–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 831 

[Docket No.: NTSB–2025–0001] 

RIN 3147–AA33 

Civil Monetary Penalty Annual Inflation 

Adjustment 

AGENCY: National Transportation Safety 

Board (NTSB). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015, this final 

rule provides the 2025 adjustment to the 

civil penalties that the agency may 

assess for violations of certain NTSB 

statutes and regulations. 

DATES: This final rule is effective 

January 16, 2025. 

ADDRESSES: A copy of this final rule, 

published in the Federal Register (FR), 

is available at https://

www.regulations.gov (Docket ID Number 

NTSB–2025–0001). 

FOR FURTHER INFORMATION CONTACT: 

William Thomas (Tom) McMurry, Jr., 

General Counsel, (202) 314–6080 or 

rulemaking@ntsb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (the 2015 Act) requires, in 

pertinent part, agencies to make an 

annual adjustment for inflation by 

January 15th every year. OMB, M–16– 

06, Implementation of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Feb. 24, 

2016). The Office of Management and 

Budget (OMB) annually publishes 

guidance on the adjustment multiplier 

to assist agencies in calculating the 

mandatory annual adjustments for 

inflation. 

The NTSB’s most recent adjustment 

was for fiscal year (FY) 2024, allowing 

the agency to impose a civil penalty up 

to $2,058, effective January 9, 2024 for 

violations involving 49 U.S.C. 1132 

(Civil aircraft accident investigations), 

1134(b) (Inspection, testing, 

preservation, and moving of aircraft and 

parts), 1134(f)(1) (Autopsies), or 1136(g) 

(Prohibited actions when providing 

assistance to families of passengers 

involved in aircraft accidents). Civil 

Monetary Penalty Annual Inflation 

Adjustment, 89 FR 1035 (Jan. 9, 2024). 

OMB has since published updated 

guidance for FY 2024. OMB, M–25–02, 

Implementation of Penalty Inflation 

Adjustments for 2025, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Dec. 17, 2024). Accordingly, this 

final rule reflects the NTSB’s 2025 

annual inflation adjustment and updates 

the maximum civil penalty from $2,058 

to $2,111. 

II. The 2025 Annual Adjustment 

The 2025 annual adjustment is 

calculated by multiplying the applicable 

maximum civil penalty amount by the 

cost-of-living adjustment multiplier, 

which is based on the Consumer Price 

Index and rounding to the nearest 

dollar. OMB, M–25–02, Implementation 

of Penalty Inflation Adjustments for 

2025, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Dec. 17, 

2024). For FY 2025, OMB’s guidance 

states that the cost-of-living adjustment 

multiplier is 1.02598. 

Accordingly, multiplying the current 

penalty of $2,058 by 1.02598 equals 

$2,111.46684 which rounded to the 

nearest dollar equals $2,111. This 

updated maximum penalty for the 

upcoming fiscal year applies only to 

civil penalties assessed after the 

effective date of this final rule. The next 

civil penalty adjustment for inflation 

will be calculated by January 15, 2026. 

III. Regulatory Analysis 

The Office of Information and 

Regulatory Affairs has determined that 

agency regulations that exclusively 

implement the annual adjustment are 

consistent with OMB’s annual guidance, 

and have an annual impact of less than 

$200 million are generally not 

significant regulatory actions under 

Executive Order (E.O.) 12866. OMB, M– 

23–05, Implementation of Penalty 

Inflation Adjustments for 2024, 

Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (Dec. 19, 2023). Thus, an 

assessment of its potential costs and 

benefits under E.O. 12866, Regulatory 

Planning and Review and E.O. 13563, 

Improving Regulation and Regulatory 

Review is not required because this final 

rule is not a ‘‘significant regulatory 

action.’’ Likewise, this rule does not 

require analysis under the Unfunded 

Mandates Reform Act of 1995 because 

this final rule is not significant. 


ddrumheller on DSK120RN23PROD with RULES1