Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations 49927 

Dated: August 28, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Emissions Statement Certification for 

the 2015 Ozone National Ambient Air 

Quality Standard’’ at the end of the table 

to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Emissions Statement Certification 

for the 2015 Ozone National Ambient Air Quality Standard.

State-wide ........ 7/6/20 9/7/21, [insert Federal Register citation].Certification that Maryland’s previously approved regulation at 

COMAR 26.11.01.05–1 meets 

the emission statement requirements for the 2015 ozone 

NAAQS. 

[FR Doc. 2021–19084 Filed 9–3–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

[DOI–2020–0014; DS65100000, 

DWSN00000.000000, DP.65106, 

21XD4523WS] 

RIN 1090–AB13 

Privacy Act Regulations; Exemption 

for the Physical Security Access Files 

System 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Interior is issuing a final rule to amend 

its regulations to exempt certain records 

in the INTERIOR/DOI–46, Physical 

Security Access Files, system of records 

from one or more provisions of the 

Privacy Act because of criminal, civil, 

and administrative law enforcement 

requirements. 

DATES: The final rule is effective 

September 7, 2021. 

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 

The Department of the Interior (DOI) 

published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register at 85 FR 7515 (February 10, 

2020) proposing to exempt portions of 

the INTERIOR/DOI–46, Physical 

Security Access Files, system of records 

from certain provisions of the Privacy 

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

(k)(3), and (k)(5) due to criminal, civil, 

and administrative law enforcement 

requirements. The INTERIOR/DOI–46, 

Physical Security Access Files, system 

of records notice (SORN) was published 

in the Federal Register at 85 FR 3406 

(January 21, 2020). Comments were 

invited on both the Physical Security 

Access Files SORN and NPRM. DOI 

received one comment on the SORN and 

one comment on the NPRM that were 

not relevant to the subject. The 

rulemaking will be implemented as 

proposed with three corrections. 

The word ‘‘Access’’ was inadvertently 

omitted from the system name in the 

NPRM. The system name is corrected to 

‘‘Physical Security Access Files’’ in 

paragraphs (c)(19), (d)(1), and (e)(5) of 

this final rule, which is consistent with 

the INTERIOR/DOI–46 SORN published 

in the Federal Register at 85 FR 3406 

(January 21, 2020). Paragraph (b)(18) of 

the NPRM was reserved for the 

INTERIOR/BSEE–01, Investigations 

Case Management System (CMS), which 

became effective when the final rule 

was published in the Federal Register at 

85 FR 1282 (January 10, 2020). 

Paragraph (b)(18) has been redesignated 

to (c)(18) for the INTERIOR/BSEE–01, 

Investigations Case Management System 

(CMS), as described in this final rule. A 

non-substantive editorial change was 

made to correct the formatting for the 

list of exempt systems in subsection 

2.254 paragraphs (c), (d) and (e) to 

reflect the SORN number followed by 

the SORN title to be consistent with 

DOI’s current SORN format. 

Procedural Requirements 

1. Regulatory Planning and Review 

(Executive Orders 12866 and 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 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. 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. E.O. 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. DOI developed this 

rule in a manner consistent with these 

requirements. 


lotter on DSK11XQN23PROD with RULES1
49928 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations 

2. Regulatory Flexibility Act 

DOI 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. The rule is not a 

governmental action capable of 

interference with constitutionally 

protected property rights. This rule 

makes 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, DOI 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 

(NEPA) of 1969 

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. Data Quality Act 

In developing this rule, there was no 

need to conduct or use a study, 

experiment, or survey requiring peer 

review under the Data Quality Act (Pub. 

L. 106–554, section 515). 

12. Effects on Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211, and it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. A 

Statement of Energy Effects is not 

required. 

13. 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 tables 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. Revise § 2.254 to read as follows: 

§ 2.254 Exemptions. 

(a) Criminal law enforcement records 

exempt under 5 U.S.C. 552a(j)(2). 

Pursuant to 5 U.S.C. 552a(j)(2) the 

following systems of records are 

exempted from all of the provisions of 

5 U.S.C. 552a and the regulations in this 

subpart except paragraphs (b), (c)(1) and 

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

(10), (11), and (12), and (i) of 5 U.S.C. 

552a and the portions of the regulations 

in this subpart implementing these 

paragraphs: 

(1) INTERIOR/FWS–20, Investigative 

Case File System. 

(2) INTERIOR/BIA–18, Law 

Enforcement Services System. 

(3) INTERIOR/NPS–19, Law 

Enforcement Statistical Reporting 

System. 

(4) INTERIOR/OIG–02, Investigative 

Records. 

(5) INTERIOR/DOI–10, Incident 

Management, Analysis and Reporting 

System. 

(6) INTERIOR/DOI–50, Insider Threat 

Program. 

(b) [Reserved] 

(c) Law enforcement records exempt 

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


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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations 49929 

U.S.C. 552a(k)(2), the following systems 

of records are 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/OIG–2, Investigative 

Records. 

(2) INTERIOR/FWS–21, Permits 

System. 

(3) INTERIOR/BLM–18, Criminal Case 

Investigation System. 

(4) INTERIOR/BLM–19, Civil Trespass 

Case Investigations. 

(5) INTERIOR/BLM–20, Employee 

Conduct Investigations. 

(6)–(7) [Reserved] 

(8) INTERIOR/NPS–17, Employee 

Financial Irregularities. 

(9) INTERIOR/Reclamation–37, 

Trespass Cases. 

(10) INTERIOR/SOL–1, Litigation, 

Appeal and Case Files System, to the 

extent that it consists of investigatory 

material compiled for law enforcement 

purposes. 

(11) INTERIOR/FWS–19, Endangered 

Species Licenses System. 

(12) INTERIOR/FWS–20, Investigative 

Case File System. 

(13) INTERIOR/BIA–24, Timber 

Cutting and Trespass Claims Files. 

(14) INTERIOR/DOI–11, Debarment 

and Suspension Program. 

(15) INTERIOR/DOI–10, Incident 

Management, Analysis and Reporting 

System. 

(16) INTERIOR/DOI–50, Insider 

Threat Program. 

(17) INTERIOR/DOI–24, Indian Arts 

and Crafts Board. 

(18) INTERIOR/BSEE–01, 

Investigations Case Management System 

(CMS). 

(19) INTERIOR/DOI–46, Physical 

Security Access Files. 

(d) Records maintained in connection 

with providing protective services 

exempt under 5 U.S.C. 552a(k)(3). 

Pursuant to 5 U.S.C. 552a(k)(3), 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–46, Physical 

Security Access Files. 

(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: 

(1) [Reserved] 

(2) INTERIOR/GS–9, National 

Research Council Grants Program. 

(3) INTERIOR/OS–68, Committee 

Management Files. 

(4) INTERIOR/DOI–11, Debarment 

and Suspension Program. 

(5) INTERIOR/DOI–46, Physical 

Security Access Files. 

Signed: lllllllllllllllll

Teri Barnett, 

Departmental Privacy Officer, Department of 

the Interior. 

[FR Doc. 2021–18575 Filed 9–3–21; 8:45 am] 

BILLING CODE 4334–63–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 201209–0332] 

RTID 0648–XB376 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Quota Transfer from ME to RI 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification; quota transfer. 

SUMMARY: NMFS announces that the 

State of Maine is transferring a portion 

of its 2021 commercial bluefish quota to 

the State of Rhode Island. This quota 

adjustment is necessary to comply with 

the Atlantic Bluefish Fishery 

Management Plan quota transfer 

provisions. This announcement informs 

the public of the revised commercial 

bluefish quotas for Maine and Rhode 

Island. 

DATES: Effective September 1, 2021, 

through December 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Laura Hansen, Fishery Management 

Specialist, (978) 281–9225. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

bluefish fishery are found in 50 CFR 

648.160 through 648.167. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the coastal states 

from Maine through Florida. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.162, and the 

final 2021 allocations were published 

on December 16, 2020 (85 FR 81421). 

The final rule implementing 

Amendment 1 to the Bluefish Fishery 

Management Plan (FMP) published in 

the Federal Register on July 26, 2000 

(65 FR 45844), and provided a 

mechanism for transferring bluefish 

quota from one state to another. Two or 

more states, under mutual agreement 

and with the concurrence of the NMFS 

Greater Atlantic Regional Administrator, 

can request approval to transfer or 

combine bluefish commercial quota 

under § 648.162(e)(1)(i) through (iii). 

The Regional Administrator must 

approve any such transfer based on the 

criteria in § 648.162(e). In evaluating 

requests to transfer a quota or combine 

quotas, the Regional Administrator shall 

consider whether: The transfer or 

combinations would preclude the 

overall annual quota from being fully 

harvested; the transfer addresses an 

unforeseen variation or contingency in 

the fishery; and the transfer is consistent 

with the objectives of the FMP and the 

Magnuson-Stevens Act. 

Maine is transferring 15,000 lb (6,804 

kg) of bluefish commercial quota to 

Rhode Island through mutual agreement 

of the states. This transfer was requested 

to ensure that Rhode Island would not 

exceed its 2021 state quota. The revised 

bluefish quotas for 2021 are: Maine, 

3,503 lb (1,589 kg); and Rhode Island, 

203,434 lb (92,276 kg). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

648.162(e)(1)(i) through (iii), which was 

issued pursuant to section 304(b), and is 

exempted from review under Executive 

Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 1, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–19208 Filed 9–1–21; 4:15 pm] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1