Individual Requests for Access or Amendment of CID Reports of Investigation, 39725-39726 [2019-17192]

Download as PDF Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Rules and Regulations jspears on DSK3GMQ082PROD with RULES III. Administrative Procedure Act In general, the Administrative Procedure Act (‘‘APA’’) 7 imposes three principal requirements when an agency promulgates legislative rules (rules made pursuant to congressionally delegated authority): (1) Publication with adequate notice of a proposed rule; (2) followed by a meaningful opportunity for the public to comment on the rule’s content; and (3) publication of the final rule not less than 30 days before its effective date. The APA provides that notice and comment procedures do not apply if the agency for good cause finds them to be ‘‘unnecessary, impracticable, or contrary to the public interest.’’ 8 Section 553(d) of the APA also provides that publication at least 30 days prior to a rule’s effective date is not required for (1) a substantive rule which grants or recognizes an exemption or relieves a restriction; (2) interpretive rules and statements of policy; or (3) a rule for which the agency finds good cause for shortened notice and publishes its reasoning with the rule.9 The Board has determined that good cause exists for finding that the notice, public comment, and delayed effective date provisions of the APA are unnecessary, impracticable, or contrary to the public interest with respect to these final amendments to Regulation D. The rate changes for IORR and IOER that are reflected in the final amendments to Regulation D were made with a view towards accommodating commerce and business and with regard to their bearing upon the general credit situation of the country. Notice and public comment would prevent the Board’s action from being effective as promptly as necessary in the public interest and would not otherwise serve any useful purpose. Notice, public comment, and a delayed effective date would create uncertainty about the finality and effectiveness of the Board’s action and undermine the effectiveness of that action. Accordingly, the Board has determined that good cause exists to dispense with the notice, public comment, and delayed effective date procedures of the APA with respect to these final amendments to Regulation D. IV. Regulatory Flexibility Analysis The Regulatory Flexibility Act (‘‘RFA’’) does not apply to a rulemaking where a general notice of proposed rulemaking is not required.10 As noted previously, the Board has determined U.S.C. 551 et seq. U.S.C. 553(b)(3)(A). 9 5 U.S.C. 553(d). 10 5 U.S.C. 603, 604. that it is unnecessary and contrary to the public interest to publish a general notice of proposed rulemaking for this final rule. Accordingly, the RFA’s requirements relating to an initial and final regulatory flexibility analysis do not apply. V. Paperwork Reduction Act Department of the Army 32 CFR Part 633 [Docket ID: USA–2019–HQ–0016] Individual Requests for Access or Amendment of CID Reports of Investigation Department of the Army, DoD. Final rule. AGENCY: ACTION: This final rule removes the Department of the Army regulation concerning the Criminal Investigation Banks, Banking, Reporting and Division (CID) reports of investigation recordkeeping requirements. on specific military installations. The For the reasons set forth in the content of this part is addressed in DoD preamble, the Board amends 12 CFR regulations related to the Privacy Act part 204 as follows: and Freedom of Information Act, and it is unnecessary. PART 204—RESERVE DATES : This rule is effective on August REQUIREMENTS OF DEPOSITORY 12, 2019. INSTITUTIONS (REGULATION D) FOR FURTHER INFORMATION CONTACT: T.L. Williams at 571–305–4355. ■ 1. The authority citation for part 204 continues to read as follows: SUPPLEMENTARY INFORMATION: This final rule removes 32 CFR part 633, Authority: 12 U.S.C. 248(a), 248(c), 461, ‘‘Individual Requests for Access or 601, 611, and 3105. Amendment of CID Reports of ■ 2. Section 204.10 is amended by Investigation,’’ which was originally revising paragraph (b)(5) to read as codified on July 27, 1979 (44 FR 44156), and most recently updated on May 17, follows: 2013 (78 FR 29019). It has been § 204.10 Payment of interest on balances. determined that publication of this CFR * * * * * part removal for public comment is impracticable, unnecessary, and (b) * * * contrary to public interest since it is (5) The rates for IORR and IOER are: based on removing content which is covered in DoD regulations at 32 CFR Rate part 286, ‘‘DoD Freedom of Information (percent) Act (FOIA) Program’’ (last updated IORR ........................................... 2.10 January 5, 2017, at 82 FR 1197), and 32 IOER ........................................... 2.10 CFR part 310, ‘‘DoD Privacy Program’’ (last updated April 11, 2019 at 84 FR 14730). By order of the Board of Governors of the Additional internal Army guidance is Federal Reserve System, August 6, 2019. published in Army Regulation 190–45, Ann Misback, ‘‘Law Enforcement Reporting,’’ Secretary of the Board. (available at https://armypubs.army.mil/ [FR Doc. 2019–17175 Filed 8–9–19; 8:45 am] ProductMaps/PubForm/AR.aspx) which was most recently updated on BILLING CODE 6210–01–P September 27, 2016. This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review,’’ therefore, E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ does not apply. List of Subjects in 12 CFR Part 204 SUMMARY: List of Subjects in 32 CFR Part 633 85 15:59 Aug 09, 2019 DEPARTMENT OF DEFENSE RIN 0702–AB00 In accordance with the Paperwork Reduction Act (‘‘PRA’’) of 1995,11 the Board reviewed the final rule under the authority delegated to the Board by the Office of Management and Budget. The final rule contains no requirements subject to the PRA. 75 VerDate Sep<11>2014 39725 11 44 U.S.C. 3506; see 5 CFR part 1320 Appendix A.1. Jkt 247001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 Freedom of information, Investigations, Privacy. E:\FR\FM\12AUR1.SGM 12AUR1 39726 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Rules and Regulations PART 633—[REMOVED] Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 633, is removed. ■ Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 2019–17192 Filed 8–9–19; 8:45 am] BILLING CODE 5001–03–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0591] RIN 1625–AA00 Safety Zone; Ohio River, Newburgh, IN Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River, extending the entire width of the river, from mile marker (MM) 777.3 to MM 778.3. This action is necessary to provide for the safety of life on these navigable waters near Newburgh, Indiana, during the City of Newburgh fireworks display on August 31, 2019. This rule prohibits persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative. SUMMARY: This rule is effective from 9:30 p.m. through 10 p.m. on August 31, 2019. DATES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0591 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 on this rule, call or email MST3 Jackson U.S. Coast Guard, telephone 502–779–5347, email secohvwwm@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: jspears on DSK3GMQ082PROD with RULES I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio Valley DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code VerDate Sep<11>2014 15:59 Aug 09, 2019 Jkt 247001 II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. It is impracticable to publish an NPRM because we must establish this safety zone by August 31, 2019 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with the Newburgh Fireworks display. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Ohio Valley (COTP) has determined that potential hazards associated with the fireworks display on August 31, 2019 will be a safety concern for anyone on a one-mile stretch of the Ohio River. The purpose of this rule is to ensure safety of persons, vessels, and the marine environment on the navigable waters in the regulated area before, during, and after the scheduled event. IV. Discussion of the Rule This rule establishes a safety zone from 9:30 p.m. through 10 p.m. on August 31, 2019. The safety zone will cover all navigable waters, extending the entire width of the river, from mile marker (MM) 777.3 to MM 778.3. No vessels or persons will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, and duration of the temporary safety zone. This safety zone restricts transit on a one-mile stretch of the Ohio River for thirty minutes on one day. Moreover, the Coast Guard would issue Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and Marine Safety Information Bulletins (MSIBs) about this safety zone so that waterway users may plan accordingly for this short restriction on transit, and the rule would allow vessels to request permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the temporary safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for E:\FR\FM\12AUR1.SGM 12AUR1

Agencies

[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Rules and Regulations]
[Pages 39725-39726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17192]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 633

[Docket ID: USA-2019-HQ-0016]
RIN 0702-AB00


Individual Requests for Access or Amendment of CID Reports of 
Investigation

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule removes the Department of the Army regulation 
concerning the Criminal Investigation Division (CID) reports of 
investigation on specific military installations. The content of this 
part is addressed in DoD regulations related to the Privacy Act and 
Freedom of Information Act, and it is unnecessary.

DATES: This rule is effective on August 12, 2019.

FOR FURTHER INFORMATION CONTACT: T.L. Williams at 571-305-4355.

SUPPLEMENTARY INFORMATION: This final rule removes 32 CFR part 633, 
``Individual Requests for Access or Amendment of CID Reports of 
Investigation,'' which was originally codified on July 27, 1979 (44 FR 
44156), and most recently updated on May 17, 2013 (78 FR 29019). It has 
been determined that publication of this CFR part removal for public 
comment is impracticable, unnecessary, and contrary to public interest 
since it is based on removing content which is covered in DoD 
regulations at 32 CFR part 286, ``DoD Freedom of Information Act (FOIA) 
Program'' (last updated January 5, 2017, at 82 FR 1197), and 32 CFR 
part 310, ``DoD Privacy Program'' (last updated April 11, 2019 at 84 FR 
14730).
    Additional internal Army guidance is published in Army Regulation 
190-45, ``Law Enforcement Reporting,'' (available at https://armypubs.army.mil/ProductMaps/PubForm/AR.aspx) which was most recently 
updated on September 27, 2016.
    This rule is not significant under Executive Order (E.O.) 12866, 
``Regulatory Planning and Review,'' therefore, E.O. 13771, ``Reducing 
Regulation and Controlling Regulatory Costs'' does not apply.

List of Subjects in 32 CFR Part 633

    Freedom of information, Investigations, Privacy.

[[Page 39726]]

PART 633--[REMOVED]

0
Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 633, is 
removed.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019-17192 Filed 8-9-19; 8:45 am]
 BILLING CODE 5001-03-P

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