Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 38557 

into the United States of those travelers 

engaged in ‘‘essential travel,’’ as defined 

below. Given the definition of ‘‘essential 

travel’’ below, this temporary alteration 

in land ports of entry operations should 

not interrupt legitimate trade between 

the two nations or disrupt critical 

supply chains that ensure food, fuel, 

medicine, and other critical materials 

reach individuals on both sides of the 

border. 

For purposes of the temporary 

alteration in certain designated ports of 

entry operations authorized under 19 

U.S.C. 1318(b)(1)(C) and (b)(2), travel 

through the land ports of entry and ferry 

terminals along the United StatesCanada border shall be limited to 

‘‘essential travel,’’ which includes, but 

is not limited to— 

• U.S. citizens and lawful permanent 

residents returning to the United States; 

• Individuals traveling for medical 

purposes (e.g., to receive medical 

treatment in the United States); 

• Individuals traveling to attend 

educational institutions; 

• Individuals traveling to work in the 

United States (e.g., individuals working 

in the farming or agriculture industry 

who must travel between the United 

States and Canada in furtherance of 

such work); 

• Individuals traveling for emergency 

response and public health purposes 

(e.g., government officials or emergency 

responders entering the United States to 

support federal, state, local, tribal, or 

territorial government efforts to respond 

to COVID–19 or other emergencies); 

• Individuals engaged in lawful crossborder trade (e.g., truck drivers 

supporting the movement of cargo 

between the United States and Canada); 

• Individuals engaged in official 

government travel or diplomatic travel; 

• Members of the U.S. Armed Forces, 

and the spouses and children of 

members of the U.S. Armed Forces, 

returning to the United States; and 

• Individuals engaged in militaryrelated travel or operations. 

The following travel does not fall 

within the definition of ‘‘essential 

travel’’ for purposes of this 

Notification— 

• Individuals traveling for tourism 

purposes (e.g., sightseeing, recreation, 

gambling, or attending cultural events). 

At this time, this Notification does not 

apply to air, freight rail, or sea travel 

between the United States and Canada, 

but does apply to passenger rail, 

passenger ferry travel, and pleasure boat 

travel between the United States and 

Canada. These restrictions are 

temporary in nature and shall remain in 

effect until 11:59 p.m. EDT on August 

21, 2021. This Notification may be 

amended or rescinded prior to that time, 

based on circumstances associated with 

the specific threat. Meanwhile, as part 

of an integrated U.S. government effort 

and guided by the objective analysis and 

recommendations of public health and 

medical experts, DHS is working closely 

with counterparts in Mexico and 

Canada to identify conditions under 

which restrictions may be eased safely 

and sustainably. 

The Commissioner of U.S. Customs 

and Border Protection (CBP) is hereby 

directed to prepare and distribute 

appropriate guidance to CBP personnel 

on the continued implementation of the 

temporary measures set forth in this 

Notification. The CBP Commissioner 

may determine that other forms of 

travel, such as travel in furtherance of 

economic stability or social order, 

constitute ‘‘essential travel’’ under this 

Notification. Further, the CBP 

Commissioner may, on an 

individualized basis and for 

humanitarian reasons or for other 

purposes in the national interest, permit 

the processing of travelers to the United 

States not engaged in ‘‘essential travel.’’ 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2021–15573 Filed 7–21–21; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR Part 550 

[Docket No.: BOEM 2021–0028] 

RIN 1010–AE08 

Maximum Daily Civil Penalty Amounts 

for Violations of the Federal Oil and 

Gas Royalty Management Act 

AGENCY: Bureau of Ocean Energy 

Management, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Bureau of Ocean Energy Management 

(BOEM) regulations that set maximum 

daily civil penalty (MDCP) amounts for 

violations of the Federal Oil and Gas 

Royalty Management Act (FOGRMA). 

The amended BOEM regulations will 

cross-reference regulations of the Office 

of Natural Resources Revenue (ONRR) 

that also set MDCP amounts for 

FOGRMA violations. This crossreference will ensure consistency 

between BOEM’s FOGRMA MDCP 

amounts and ONRR’s FOGRMA MDCP 

amounts. It will also ensure consistent 

compliance with the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Inflation 

Adjustment Act) and related Office of 

Management and Budget (OMB) 

guidance, while reducing unnecessary 

duplication of effort and costs to BOEM. 

DATES: This rule is effective on July 22, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Deanna Meyer-Pietruszka, Bureau of 

Ocean Energy Management, Chief, 

Office of Policy, Regulation and 

Analysis, at deanna.meyer-pietruszka@

boem.gov or by mail to 1849 C Street 

NW, Mail Stop 5238, Washington, DC 

20240 or by calling (202) 208–6352. 

SUPPLEMENTARY INFORMATION: 

Background and Legal Authority 

The Inflation Adjustment Act, Public 

Law 114–74, sec. 701 (codified at 28 

U.S.C. 2461 note), became law on 

November 2, 2015. It required Federal 

agencies to adjust the level of civil 

monetary penalties imposed under each 

agency’s regulations with an initial 

‘‘catch-up’’ adjustment through 

rulemaking, if warranted, and then to 

make subsequent annual adjustments 

for inflation. Agencies were required to 

publish the initial annual inflation 

adjustments in the Federal Register no 

later than January 15, 2017, and are 

required to publish annual adjustments 

no later than January 15th of each 

subsequent year. The purpose of these 

inflation adjustments is to maintain the 

deterrent effect of civil penalties and to 

further the policy goals of the 

underlying statutes that authorize the 

penalties. 

BOEM has authority to impose civil 

penalties for violations of FOGRMA 

under 30 U.S.C. 1719 and delegations of 

authority by the Secretary of the 

Interior. BOEM’s regulations 

implementing its authority to impose 

penalties under FOGRMA are found at 

30 CFR 550.1450–.1477. Specifically, 

BOEM may impose civil penalties under 

FOGRMA—after providing notice of 

noncompliance (NONC) and an 

opportunity to correct the violation—for 

noncompliance with any applicable 

statute, regulation, order, or lease term 

relating to any Federal oil or gas lease. 

See 30 CFR 550.1451. BOEM may also 

impose penalties under FOGRMA, 

without providing prior notice or an 

opportunity to correct the violation, for 

the knowing or willful preparation, 

maintenance, or submission of false, 

inaccurate, or misleading written 

information. See id. at 550.1460. 

Sections 550.1453 and 550.1460 of 

BOEM’s existing regulations specify the 

MDCP amounts, as prescribed by 


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38558 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 

1Under existing §§ 550.1451 and .1453(a), BOEM 

may initially impose civil penalties of up to $500 

per day for each violation of a statute, regulation, 

order, or lease term for any Federal oil and gas lease 

that is not corrected within 20 days of receipt of a 

NONC identifying the violation. Under existing 

§ 550.1453(b), BOEM may increase the MDCP 

amount up to $5,000 per day for each violation not 

corrected within 40 days of the NONC. In addition, 

under existing § 550.1460(b), BOEM may impose 

civil penalties, without prior notice, of up to 

$25,000 per day per violation for the knowing or 

willful preparation, maintenance, or submission of 

false, inaccurate, or misleading written information. 

2Specifically, in relevant part, ONRR amended 30 

CFR 1241.52(a)(2) to authorize civil penalties of up 

to $1,288 per day for each violation of a statute, 

regulation, order, or lease term that is not corrected 

within 20 days of receipt of a NONC identifying the 

violation. See 86 FR 7808, 7810. Under the 

amended 30 CFR 1241.52(b), ONRR may impose 

civil penalties of up to $12,891 per day for each 

violation that is not corrected within 40 days of 

receipt of the NONC. Finally, ONNR amended 30 

CFR 1241.60(b)(2) to authorize imposition of 

penalties, without prior notice, of up to $64,452 per 

day per violation for knowing or willful 

preparation, maintenance, or submission of false, 

inaccurate, or misleading written information. Id. 

section 109 of FOGRMA (30 U.S.C. 

1719).1 As required by the Inflation 

Adjustment Act, however, BOEM’s 

FOGRMA civil penalty amounts must be 

adjusted annually for inflation. 

Within the Department of the Interior 

(the Department), ONRR is the agency 

responsible for collecting revenue from 

energy leases and auditing royalty 

payments under FOGRMA. Like BOEM, 

ONRR has authority to impose civil 

penalties for certain violations of 

FOGRMA. ONRR’s civil penalty 

regulations are found in 30 CFR part 

1241. As required by the Inflation 

Adjustment Act, ONRR also must 

annually adjust its regulatory MDCP 

amounts for inflation. ONRR published 

such a final rule for calendar year 2017 

on April 24, 2017. See 82 FR 18858. 

Each year since, ONRR has calculated 

and adjusted the MDCP amounts in 30 

CFR part 1241 in accordance with the 

Inflation Adjustment Act. On February 

2, 2021, ONRR published the final rule 

adjusting the MDCP amounts in 30 CFR 

part 1241 for calendar year 2021. See 86 

FR 7808.2

Because FOGRMA sets the MDCP 

amounts for penalties assessed by 

BOEM and ONRR for violations of 

FOGRMA and because the Inflation 

Adjustment Act uniformly applies to 

require adjustments to the civil 

penalties that may be assessed by both 

agencies as calculated from the same 

base year, BOEM’s FOGRMA MDCP 

amounts must be the same as ONRR’s 

FOGRMA MDCP amounts. 

Changes Made to Existing BOEM 

Regulations 

Through this rule, BOEM amends 

§§ 550.1453 and 550.1460 of its 

FOGRMA civil penalty regulations in 

order to cross-reference to ONRR’s civil 

penalty regulations in 30 CFR part 1241. 

By cross-referencing to ONRR’s 

regulations, BOEM’s MDCP amounts for 

FOGRMA violations will be the same as 

ONRR’s MDCP amounts, ensuring 

ongoing consistency within the 

Department as ONRR adjusts the 

FOGRMA MDCP amounts annually for 

inflation. In addition, this rule will 

avoid the duplication of effort and 

unnecessary expenditures within the 

Department that would occur if both 

BOEM and ONRR were to develop and 

publish separate final rules every year 

adjusting their corresponding FOGRMA 

MDCP amounts. 

Administrative Procedure Act 

Requirements 

Section 701(b)(1)(D) of the Inflation 

Adjustment Act states that agencies 

must adjust civil monetary penalties 

‘‘notwithstanding section 553 of title 5, 

United States Code [the Administrative 

Procedure Act (APA)].’’ OMB interprets 

that provision to mean the APA’s public 

procedures of notice and comment 

rulemaking are not required to 

implement annual civil monetary 

penalty inflation adjustments. OMB 

Memorandum M–21–10, December 23, 

2020 (M–21–10), p. 3. In this manner, 

Congress exempted the annual inflation 

adjustments under the Inflation 

Adjustment Act from the APA notice 

and comment requirements (5 U.S.C. 

553(b)), allowing agencies to publish 

annual inflation adjustments as final 

rules without prior proposed rules. 

In addition, the APA provides a good 

cause exemption from notice and 

comment rulemaking when an agency 

finds that prior notice and public 

procedure are impracticable, 

unnecessary, or contrary to the public 

interest. 5 U.S.C. 553(b)(B). BOEM finds 

that it is unnecessary to issue a 

proposed rule prior to this final rule 

because the Inflation Adjustment Act 

does not provide discretion to BOEM— 

the act specifies the adjustments to be 

made, the methodology to be employed, 

and the index for inflation to be 

utilized. BOEM cannot choose to take a 

different course in response to public 

comments. 

The APA also exempts ‘‘rules of 

agency, organization, procedure, or 

practice’’ from notice and comment 

rulemaking. 5 U.S.C. 553(b)(A). BOEM’s 

decision to address the civil penalty 

inflation adjustment required under the 

Inflation Adjustment Act by crossreferencing to ONRR’s regulations, 

which are subject to the same inflation 

adjustment standards under the 

Inflation Adjustment Act, rather than 

annually amending the FOGRMA 

penalties in each affected BOEM 

regulation, is an exercise of procedural 

rulemaking, which primarily concerns 

BOEM’s internal operations. Here, 

BOEM is organizing its internal 

procedures to meet its own legal duties. 

Moreover, while prior notice and 

comment is required for rules that affect 

rights or duties of the public, BOEM’s 

reliance on cross-referencing does not 

affect the rights of any regulated parties 

because the civil penalty amounts will 

be the same regardless of whether those 

amounts are cross-referenced to ONRR’s 

regulations or calculated and published 

separately by BOEM. ONRR must 

calculate and adjust the MDCP amounts 

in 30 CFR part 1241 annually in 

accordance with the Inflation 

Adjustment Act and related OMB 

guidance, just as BOEM must do. 

Procedural Requirements 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order (E.O.) 12866 provides 

that the OMB Office of Information and 

Regulatory Affairs (OIRA) will review 

all significant rules. Consistent with 

OIRA criteria, this rule is not 

significant. OMB M–21–10 at 3. 

E.O. 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. E.O. 

13563 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 further 

emphasizes 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. BOEM has developed 

this rule in a manner consistent with 

these requirements, to the extent 

permitted by statute. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires an agency to prepare a 

regulatory flexibility analysis for all 

rules unless the agency certifies that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The RFA 

applies only to rules for which an 

agency is required to first publish a 

proposed rule. (See 5 U.S.C. 603(a) and 

604(a)). For the reasons discussed in 

part III of this rule, BOEM is not 


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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 38559 

required to publish a proposed rule 

prior to this final rule. Thus, the RFA 

does not apply to this rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under the 

Small Business Regulatory Enforcement 

Fairness Act (as codified at 5 U.S.C. 

804(2)) because this rule will not: 

(1) Have an annual effect on the 

economy of $100 million or more; 

(2) Cause a major increase in costs or 

prices for consumers, individual 

industries, Federal, State, or local 

government agencies, or geographic 

regions; or 

(3) Have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments, or 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. 

Therefore, a statement containing the 

information required by the Unfunded 

Mandates Reform Act (2 U.S.C. 1531 et 

seq.) is not required. 

Takings (E.O. 12630) 

This rule does not affect a taking of 

private property or otherwise have 

takings implications under E.O. 12630. 

Therefore, a takings implication 

assessment is not required. 

Federalism (E.O. 13132) 

Under the criteria in section 1 of E.O. 

13132, this rule does not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. This rule will not 

substantially and directly affect the 

relationship between the Federal and 

State governments. To the extent that 

State and local governments have a role 

in Outer Continental Shelf activities, 

this rule will not affect that role. 

Therefore, a federalism summary impact 

statement is not required. 

Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

(1) 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 

(2) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes (E.O. 

13175 and Departmental Policy) 

The Department strives to strengthen 

its government-to-government 

relationship with American Indian and 

Alaska Native Tribes through a 

commitment to consultation with the 

tribes and recognition of their right to 

self-governance and tribal sovereignty. 

The Department also is respectful of its 

responsibilities for consultation with 

Alaska Native Claims Settlement Act 

(ANCSA) Corporations. BOEM 

evaluated this rule under the 

Department’s consultation policy, under 

Departmental Manual part 512 chapters 

4 and 5, and under the criteria in E.O. 

13175. BOEM determined that this rule 

has no substantial direct effects on 

Federally recognized Indian tribes or 

ANCSA Corporations and that 

consultation under the Department’s 

tribal and ANCSA consultation policies 

is not required. 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements, 

and a submission to the OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) is not required. 

National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed analysis under the National 

Environmental Policy Act of 1969 

(NEPA) is not required if the rule is 

covered by a categorical exclusion (see 

43 CFR 46.205). This rule meets the 

criteria set forth at 43 CFR 46.210(i) for 

a Departmental categorical exclusion in 

that this rule is ‘‘of an administrative, 

financial, legal, technical, or procedural 

nature . . . .’’ BOEM 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. 

Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. Therefore, a statement of energy 

effects is not required. 

List of Subjects in 30 CFR Part 550 

Administrative practice and 

procedure, Continental shelf, 

Environmental impact statements, 

Environmental protection, Federal 

lands, Government contracts, 

Investigations, Mineral resources, Oil 

and gas exploration, Outer continental 

shelf, Penalties, Pipelines, Rights-ofway, Reporting and recordkeeping 

requirements, Sulfur. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reasons given in the preamble, 

the Bureau of Ocean Energy 

Management hereby amends 30 CFR 

part 550 as follows: 

PART 550—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 550 

continues to read as follows: 

Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, 

43 U.S.C. 1334. 

Subpart N—Outer Continental Shelf 

Civil Penalties 

■ 2. Revise § 550.1453 to read as 

follows: 

§ 550.1453 What if I do not correct the 

violation? 

(a) We may send you a Notice of Civil 

Penalty if you do not correct all of the 

violations identified in the Notice of 

Noncompliance within 20 days after 

you receive the Notice of 

Noncompliance (or within a longer time 

period specified in that Notice). The 

Notice of Civil Penalty will tell you how 

much penalty you must pay for each 

day, beginning with the date of the 

Notice of Noncompliance, for each 

violation identified in the Notice of 

Noncompliance for as long as you do 

not correct the violation. The maximum 

civil penalty amount for each day for 

each uncorrected violation is as 

specified in 30 CFR 1241.52(a)(2). 

(b) If you do not correct all of the 

violations identified in the Notice of 

Noncompliance within 40 days after 

you receive the Notice of 

Noncompliance (or 20 days following 

the expiration of a longer time period 

specified in that Notice), we may 

increase the penalty for each day, 

beginning with the date of the Notice of 

Noncompliance, for each violation for as 

long as you do not correct the violation. 

The maximum civil penalty amount for 

each day for each uncorrected violation 

is as specified in 30 CFR 1241.52(b). 

■ 3. Amend § 550.1460 by revising 

paragraph (b) to read as follows: 

§ 550.1460 May I be subject to penalties 

without prior notice and an opportunity to 

correct? 

* * * * * 

(b) Under 30 U.S.C. 1719(d), you may 

be subject to civil penalties up to the 

maximum amount specified in 30 CFR 


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38560 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 

1241.60(b)(2) for each violation for each 

day that it continues if you: 

(1) Knowingly or willfully prepare, 

maintain, or submit false, inaccurate, or 

misleading reports, notices, affidavits, 

records, data, or other written 

information. 

(2) [Reserved] 

[FR Doc. 2021–15388 Filed 7–21–21; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

[Docket ID: DoD–2021–OS–0054] 

RIN 0790–AL14 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary of 

Defense, Department of Defense (DoD). 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: The Department of Defense 

(DoD or Department) is giving 

concurrent notice of a new Departmentwide system of records DoD 0007, 

‘‘Defense Reasonable Accommodation 

and Assistive Technology Records,’’ and 

this rulemaking, which exempts 

portions of this system of records from 

certain provisions of the Privacy Act of 

1974, as amended, because of national 

security requirements. This rule is being 

published as a direct final rule as the 

Department does not expect to receive 

any adverse comments. If such 

comments are received, this direct final 

rule will be withdrawn and a proposed 

rule for comments will be published. 

DATES: The rule is effective on 

September 30, 2021 unless comments 

are received that would result in a 

contrary determination. Comments will 

be accepted on or before September 20, 

2021. If adverse comment is received, 

the Department will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods. 

* Federal eRulemaking Portal: https:// 

www.regulations.gov. 

Follow the instructions for submitting 

comments. 

* Mail: The DoD cannot receive 

written comments at this time due to the 

COVID–19 pandemic. Comments should 

be sent electronically to the docket 

listed above. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the internet at 

https://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lyn Kirby, OSD.DPCLTD@mail.mil, 

(703) 571–0070. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, DoD is establishing a new 

Department-wide system of records 

titled DoD 0007, ‘‘Defense Reasonable 

Accommodation and Assistive 

Technology Records.’’ This system of 

records covers both electronic and paper 

records and will be used by DoD 

components and offices to maintain 

records about accommodations based on 

disability requested by or provided to 

employees and applicants for 

employment and participants in DoD 

programs and activities. The 

Rehabilitation Act of 1973, as amended, 

generally requires Federal agencies to 

provide accommodations which enable 

individuals with disabilities to perform 

DoD employment and participate in 

DoD programs and activities, unless 

such accommodation would impose an 

undue burden. In addition, DoD’s 

Computer/Electronic Accommodations 

Program (CAP) provides assistive 

(computer/electronic) technology 

solutions to individuals—including 

injured, wounded, or ill Service 

members—with hearing, vision, 

dexterity, cognitive, and/or 

communications impairments in the 

form of an accessible work environment. 

This also includes the request and 

delivery of personal assistance services 

for covered individuals. Such disability 

accommodations include: (1) Making 

existing facilities readily accessible to 

and usable by individuals with 

disabilities; (2) job restructuring, 

modification of work schedules or place 

of work, extended leave, telecommuting, 

or reassignment to a vacant position; 

and/or (3) acquisition or modification of 

equipment or devices, including 

computer software and hardware, 

appropriate adjustments or 

modifications of examinations, training 

materials or policies, the provision of 

qualified readers and/or interpreters, 

personal assistants, service animals, and 

other similar accommodations. 

II. Privacy Act Exemption 

The Privacy Act permits Federal 

agencies to exempt eligible records in a 

system of records from certain 

provisions of the Act, including the 

provisions providing individuals with a 

right to request access to and 

amendment of their own records and 

accountings of disclosures of such 

records. If an agency intends to exempt 

a particular system of records, it must 

first go through the rulemaking process 

to provide public notice and an 

opportunity to comment on the 

proposed exemption. The Office of the 

Secretary is amending 32 CFR part 310 

to add a new Privacy Act exemption 

rule for this system of records. The DoD 

is adding an exemption for this system 

of records because some of its records 

may contain classified national security 

information and providing notice, 

access, amendment, and disclosure of 

accounting of those records to an 

individual, as well as certain recordkeeping requirements, may cause 

damage to national security. The 

Privacy Act, pursuant to 5 U.S.C. 

552a(k)(1), authorizes agencies to claim 

an exemption for systems of records that 

contain information properly classified 

pursuant to executive order. The DoD is 

claiming an exemption from several 

provisions of the Privacy Act, including 

various access, amendment, disclosure 

of accounting, and certain recordkeeping and notice requirements, to 

prevent disclosure of any information 

properly classified pursuant to 

executive order, as implemented by DoD 

Instruction 5200.01 and DoD Manual 

5200.01, Volumes 1 and 3. 

III. Direct Final Rulemaking 

This rule is being published as a 

direct final rule as the Department does 

not expect to receive any significant 

adverse comments. If such comments 

are received, this direct final rule will 

be withdrawn and a proposed rule for 

comments will be published. If no such 

comments are received, this direct final 

rule will become effective ten days after 

the comment period expires. 

For purposes of this rule, a significant 

adverse comment is one that explains 

(1) why the rule is inappropriate, 

including challenges to the rule’s 

underlying premise or approach; or (2) 

why the direct final rule will be 

ineffective or unacceptable without a 

change. In determining whether a 

significant adverse comment 

necessitates withdrawal of this direct 

final rule, the Department will consider 

whether the comment raises an issue 

serious enough to warrant a substantive 

response had it been submitted in a 


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