Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 51645 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2021–0540] 

RIN 1625–AA08 

Special Local Regulations; Choptank 

River, Cambridge, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking; 

withdrawal. 

SUMMARY: The Coast Guard is 

withdrawing its proposed rule to 

establish temporary special local 

regulations for certain waters of the 

Choptank River. The rulemaking was 

initiated to establish a special local 

regulation during the ‘‘Cambridge 

Classic Power Boat Regatta,’’ a marine 

event to be held on certain waters of the 

Choptank River at Cambridge, MD. The 

proposed rule is being withdrawn 

because it is no longer necessary, as the 

event sponsor has cancelled the power 

boat racing event. 

DATES: The Coast Guard is withdrawing 

the proposed rule for the event 

scheduled from 10 a.m. to 5 p.m. on 

October 9, 2021, and those same hours 

on October 10, 2021 published on 

August 3, 2021 (86 FR 41798) as of 

September 16, 2021. 

ADDRESSES: To view the docket for this 

withdrawn rulemaking, go to https://

www.regulations.gov, type USCG–2021– 

0540 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice, 

call or email Mr. Ron Houck, Waterways 

Management Division, U.S. Coast Guard 

Sector Maryland-National Capital 

Region; telephone 410–576– 2674, email 

Ronald.L.Houck@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Background Information and 

Regulatory History 

On August 3, 2021, we published an 

NPRM entitled ‘‘Special Local 

Regulations; Choptank River, 

Cambridge, MD’’ in the Federal Register 

(86 FR 41798). The proposed 

rulemaking concerned the Coast Guard’s 

establishment of a temporary special 

local regulation for certain navigable 

waters of the Choptank River, effective 

from 9 a.m. on October 9, 2021 through 

6 p.m. on October 10, 2021. This action 

was necessary to provide for the safety 

of life on these waters during a power 

boat racing event. This rulemaking 

would have prohibited persons and 

vessels from entering the regulated area 

unless authorized by the Captain of the 

Port Maryland-National Capital Region 

or the Coast Guard Event Patrol 

Commander. 

Withdrawal 

The proposed rule is being withdrawn 

due to the regulated area no longer 

being necessary following a cancellation 

of the power boat racing event by the 

event sponsor. 

Authority 

We issue this notice of withdrawal 

under the authority of 46 U.S.C. 70041. 

Dated: September 13, 2021. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2021–20007 Filed 9–15–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

[DOI–2018–0012: 201D0102DM, 

DS65100000, DLSN00000.000000, DX65103] 

RIN 1090–AB15 

Privacy Act Regulations; Exemption 

for the Insider Threat Program 

AGENCY: Office of the Secretary, Interior. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of the 

Interior is proposing 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: Submit comments on or before 

November 15, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number [DOI– 

2018–0012] or [Regulatory Information 

Number (RIN) 1090–AB15], by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for sending comments. 

• Email: DOI_Privacy@ios.doi.gov. 

Include docket number [DOI–2018– 

0012] or RIN 1090–AB15 in the subject 

line of the message. 

• U.S. mail or hand-delivery: Teri 

Barnett, Departmental Privacy Officer, 

U.S. Department of the Interior, 1849 C 

Street NW, Room 7112, Washington, DC 

20240. 

Instructions: All submissions received 

must include the agency name and 

docket number [DOI–2018–0012] or RIN 

1090–AB15 for this rulemaking. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

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 Privacy Act of 1974, as amended, 

5 U.S.C. 552a, governs the means by 

which the U.S. Government collects, 

maintains, uses and disseminates 

personally identifiable information. The 

Privacy Act applies to records about 

individuals that are maintained in a 

‘‘system of records.’’ A system of 

records is a group of any records under 

the control of an agency from which 

information about an individual is 

retrieved by the name of the individual 

or by some identifying number, symbol, 

or other identifying particular assigned 

to the individual. See 5 U.S.C. 

552a(a)(4) and (5). 

An individual may request access to 

records containing information about 

him or herself, 5 U.S.C. 552a(b), (c) and 

(d). However, the Privacy Act authorizes 

Federal agencies to exempt systems of 

records from access by individuals 

under certain circumstances, such as 

where the access or disclosure of such 

information would impede national 

security or law enforcement efforts. 

Exemptions from Privacy Act provisions 

must be established by regulation, 5 

U.S.C. 552a(j) and (k). 

The Department of the Interior (DOI) 

Office of Law Enforcement and Security 

published the INTERIOR/DOI–50, 

Insider Threat Program, system of 

records notice in the Federal Register at 

79 FR 52033 on September 2, 2014, in 

accordance with Presidential Executive 

Order 13587, issued October 7, 2011, 

which required Federal agencies to 

establish an insider threat detection and 

prevention program to ensure the 

security of classified networks and the 

responsible sharing and safeguarding of 

classified information consistent with 

appropriate protections for privacy and 

civil liberties. This system of records 

51646 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 

facilitates management of 

counterintelligence and insider threat 

investigations and activities associated 

with counterintelligence complaints, 

inquiries and investigations; 

identification of potential threats to DOI 

resources and information assets; and 

referrals of potential insider threats to 

internal and external partners. Insider 

threats include attempted or actual 

espionage, subversion, sabotage, 

terrorism or extremist activities directed 

against the DOI and its personnel, 

facilities, resources, and activities; 

unauthorized use of or intrusion into 

automated information systems; 

unauthorized disclosure of classified, 

controlled unclassified, sensitive, or 

proprietary-information or technology; 

indicators of potential insider threats or 

other incidents that may indicate 

activities of an insider threat. 

The system contains classified and 

unclassified intelligence and 

investigatory records related to 

counterintelligence and insider threat 

activities that are exempt from certain 

provisions of the Privacy Act, 5 U.S.C. 

552a(j) and (k). The DOI previously 

published a final rule in the Federal 

Register at 79 FR 68799 (November 19, 

2014) to amend DOI Privacy Act 

regulations at 43 CFR 2.254 to exempt 

certain records in this system from 

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

through (e)(3), (e)(4)(G) through (e)(4)(I), 

(e)(5), (e)(8), (e)(12), (f), and (g) of the 

Privacy Act pursuant to 5 U.S.C. 

552a(j)(2) and (k)(2). In this notice of 

proposed rulemaking (NPRM), DOI is 

proposing to claim additional 

exemptions from certain provisions of 

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

552a(k)(1) and (k)(5). 

DOI previously published an NPRM 

in the Federal Register at 85 FR 7515 

(February 10, 2020) to claim exemptions 

for the INTERIOR/DOI–46, Physical 

Security Access Files, system of records 

that proposed a revision of the DOI 

Privacy Act regulations at 43 CFR 2.254 

to redesignate the existing paragraphs 

and add new paragraphs for additional 

exemptions under 5 U.S.C. 552a(k). A 

new paragraph (b) was reserved for 

exemptions claimed under 5 U.S.C. 

552a(k)(1) as indicated in this NPRM for 

the INTERIOR/DOI–50, Insider Threat 

Program. The previous 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 new 

and redesignated paragraphs proposed 

for section 2.254 will be effective upon 

publication of the INTERIOR/DOI–46 

final rule in the Federal Register and 

will align with the exemptions proposed 

in this NPRM for the INTERIOR/DOI– 

50, Insider Threat Program. 

Under 5 U.S.C. 552a(k)(1), the head of 

a Federal agency may promulgate rules 

to exempt a system of records from 

certain provisions of the Privacy Act of 

1974, 5 U.S.C. 552a, if the system of 

records is subject to the provisions of 5 

U.S.C. 552(b)(1) where the records are 

(A) specifically authorized under 

criteria established by an Executive 

Order to be kept secret in the interest of 

national defense or foreign policy, and 

(B) are in fact properly classified 

pursuant to such Executive Order. Some 

records in this system are deemed 

classified and subject to Executive 

Orders for the maintenance of records 

that must be kept secret in the interest 

of national security, such as Executive 

Order 12333, United States Intelligence 

Activities (as amended); Executive 

Order 12829, National Industrial 

Security Program; Executive Order 

12968, Access to Classified Information; 

Executive Order 13526, Classified 

National Security Information; and 

Executive Order 13587, Structural 

Reforms to Improve the Security of 

Classified Networks and the 

Responsible Sharing and Safeguarding 

of Classified Information. Additionally, 

records in this system may be related to 

investigatory material compiled solely 

for the purpose of determining 

suitability, eligibility, or qualifications 

for Federal civilian employment, 

military service, Federal contracts, or 

access to classified information that are 

exempt from one or more provisions of 

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

552a(k)(5). 

Because this system of records 

contains classified and investigative 

material within the provisions of 5 

U.S.C. 552a(k)(1) and (k)(5), the DOI 

proposes to exempt the system of 

records from one or more of the 

following provisions: 5 U.S.C. 

552a(c)(3), (d), (e)(1), (e)(4)(G) through 

(e)(4)(I), and (f). Where a release would 

not interfere with or adversely affect 

investigations or law enforcement 

activities, including but not limited to 

revealing sensitive information or 

compromising confidential sources, the 

exemption may be waived on a case-bycase basis. Exemptions from these 

particular subsections are justified for 

the following reasons: 

1. 5 U.S.C. 552a(c)(3). This section 

requires an agency to make the 

accounting of each disclosure of records 

available to the individual named in the 

record upon request. Release of 

accounting of disclosures would alert 

the subjects of an investigation to the 

existence of the investigation and the 

fact that they are subjects of the 

investigation. The release of such 

information to the subjects of an 

investigation would provide them with 

significant information concerning the 

nature of the investigation, and could 

seriously impede or compromise the 

investigation, endanger the physical 

safety of confidential sources, witnesses 

and their families, and lead to the 

improper influencing of witnesses, the 

destruction of evidence, or the 

fabrication of testimony. 

2. 5 U.S.C. 552a(d); (e)(4)(G) and 

(e)(4)(H); and (f). These sections require 

an agency to provide notice and 

disclosure to individuals that a system 

contains records pertaining to the 

individual, as well as providing rights of 

access and amendment. Granting access 

to records in the Insider Threat Program 

system could inform the subject of an 

investigation of an actual or potential 

criminal violation of the existence of 

that investigation, of the nature and 

scope of the information and evidence 

obtained, of the identity of confidential 

sources, witnesses, and law enforcement 

personnel, and could provide 

information to enable the subject to 

avoid detection or apprehension. 

Granting access to such information 

could seriously impede or compromise 

an investigation; endanger the physical 

safety of confidential sources, witnesses, 

and law enforcement personnel, as well 

as their families; lead to the improper 

influencing of witnesses, the destruction 

of evidence, or the fabrication of 

testimony; and disclose investigative 

techniques and procedures. In addition, 

granting access to such information 

could disclose classified, securitysensitive, or confidential information 

and could constitute an unwarranted 

invasion of the personal privacy of 

others. 

3. 5 U.S.C. 552a(e)(1). This section 

requires the agency to maintain 

information about an individual only to 

the extent that such information is 

relevant or necessary. The application of 

this provision could impair 

investigations and law enforcement, 

because it is not always possible to 

determine the relevance or necessity of 

specific information in the early stages 

of an investigation. Relevance and 

necessity are often questions of 

judgment and timing, and it is only after 

the information is evaluated that the 

relevance and necessity of such 

information can be established. In 

addition, during the course of the 

investigation, the investigator may 

obtain information that is incidental to 

the main purpose of the investigation 

but which may relate to matters under 

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 51647 

the investigative jurisdiction of another 

agency. Such information cannot readily 

be segregated. Furthermore, during the 

course of the investigation, an 

investigator may obtain information 

concerning the violation of laws outside 

the scope of the investigator’s 

jurisdiction. In the interest of effective 

law enforcement, DOI investigators 

should retain this information, since it 

can aid in establishing patterns of 

criminal activity and can provide 

valuable leads for other law 

enforcement agencies. 

4. 5 U.S.C. 552a(e)(4)(I). This section 

requires an agency to provide public 

notice of the categories of sources of 

records in the system. The application 

of this section could disclose 

investigative techniques and procedures 

and cause sources to refrain from giving 

such information because of fear of 

reprisal, or fear of breach of promise(s) 

of anonymity and confidentiality. This 

could compromise DOI’s ability to 

conduct investigations and to identify, 

detect and apprehend violators. 

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 

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. 

51648 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 

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 

proposes to amend 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: 

■ a. Revising paragraphs (b) 

introductory text and (b)(1); 

■ b. Reserving paragraph (b)(2); 

■ c. Revising paragraph (c) introductory 

text; 

■ d. Reserving paragraph (c)(5); and 

■ e. Adding paragraph (c)(6). 

The revisions and additions 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] 

* * * * * 

(c) 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: 

* * * * * 

(5) [Reserved] 

(6) INTERIOR/DOI–50, Insider Threat 

Program. 

Teri Barnett, 

Departmental Privacy Officer, Department of 

the Interior. 

[FR Doc. 2021–18711 Filed 9–15–21; 8:45 am] 

BILLING CODE 4334–63–P