Privacy Act Regulations; Exemption for Investigative Records, 44748-44750 [2023-14881]
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44748
Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Proposed Rules
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: For
information on the proposed rule on the
Oklahoma SIP revisions addressing
emissions of VOC, please contact Mr.
Emad Shahin, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–6717, shahin.emad@epa.gov. The
EPA encourages the public to submit
comments via https://
www.regulations.gov. Please call or
email the contact listed above if you
need alternative access to material
indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION: To allow
for additional time for stakeholders to
provide comments, the EPA has decided
to extend the public comment periods
as indicated in the DATES section of this
document.
Dated: June 29, 2023.
David Garcia,
Director, Air and Radiation Division, Region
6.
[FR Doc. 2023–14434 Filed 7–12–23; 8:45 am]
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[DOI–2023–0008; 234D0104IG, DG10100000,
DIG000000.000000]
RIN 1090–AB27
Privacy Act Regulations; Exemption
for Investigative Records
Office of Inspector General,
Interior.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of the
Interior (DOI) is proposing to amend its
regulations to exempt certain records in
the INTERIOR/OIG–02, Investigative
Records, system of records from one or
more provisions of the Privacy Act of
1974 because of criminal, civil, and
administrative law enforcement
requirements.
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
Submit comments on or before
September 11, 2023.
ADDRESSES: You may submit comments,
identified by docket number [DOI–
2023–0008] or Regulatory Information
Number (RIN) Number 1090–AB27, by
any of the following methods:
DATES:
16:27 Jul 12, 2023
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:
FOR FURTHER INFORMATION CONTACT:
Background
BILLING CODE 6560–50–P
VerDate Sep<11>2014
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for sending comments.
• Email: DOI_Privacy@ios.doi.gov.
Include docket number [DOI–2023–
0008] or RIN 1090–AB27 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–2023–0008] or RIN
1090–AB27 for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
Jkt 259001
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 information about
individuals that is 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).
Individuals may request access to
records containing information about
themselves under the Privacy Act, 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 pursuant to 5
U.S.C. 552a(j) and (k).
The Office of Inspector General (OIG)
maintains the INTERIOR/OIG–02,
Investigative Records, system of records
to help facilitate the OIG’s various
responsibilities under the Inspector
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General Act of 1978, as amended. The
OIG is statutorily directed to conduct
and supervise investigations relating to
programs and operations of the DOI, to
promote economy, efficiency, and
effectiveness in the administration of
programs and operations, and to prevent
and detect fraud, waste, and abuse in
such programs and operations.
Accordingly, records in the system are
used during the course of conducting
investigations on individuals and
entities suspected of misconduct, fraud,
waste, and abuse, other illegal or
unethical acts, and in conducting
related criminal prosecutions, civil
proceedings, and administrative actions.
The system also contains records of
complaints, requests to investigate, and
administrative referrals; records of case
initiation; reports, correspondence,
notes and memoranda generated by OIG
regarding investigations; and records on
complainants, subjects, and victims.
The system notice for INTERIOR/
OIG–02, Investigative Records, system
of records was previously published in
the Federal Register at 76 FR 60519
(September 29, 2011), modification
published at 86 FR 50156 (September 7,
2021). An updated system of records
notice was published elsewhere in the
Federal Register denoting updates to
the modified INTERIOR/OIG–02,
Investigative Records, system of records.
Under 5 U.S.C. 552a(j) and (k), the
head of a Federal agency may
promulgate rules to exempt a system of
records from certain provisions of the
Privacy Act. The INTERIOR/OIG–02,
Investigative Records, system contains
records related to law enforcement
investigations that are exempt from
provisions of the Privacy Act, 5 U.S.C.
552a(j) and (k). The DOI previously
promulgated regulations at 43 CFR
2.254 to exempt records in this system
from all provisions of the Privacy Act
except subsections (b), (c)(1) and (2),
(e)(4)(A) through (F), (e)(6), (7), (9), (10),
and (11), and (i) pursuant to 5 U.S.C.
552a(j)(2); and to exempt records from
subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H), and (I), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
In this notice of proposed rulemaking
(NPRM), DOI is proposing to claim
additional exemptions from subsections
(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I),
and (f) of the Privacy Act pursuant to 5
U.S.C. 552a(k)(1), (k)(3), and (k)(5)
because this system of records contains
material that support activities related
to investigations. The OIG may waive
exemptions on a case-by-case basis
where a release would not interfere with
or reveal investigatory material
compiled for law enforcement purposes,
or reveal records on suitability,
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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Proposed Rules
eligibility, or qualifications for Federal
employment, military service, Federal
contracts, or access to classified
information, or compromise
confidential sources. 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. Records in this
system may contain investigatory
records and material compiled for law
enforcement purposes other than
material within the scope of 5 U.S.C.
552a(j)(2). Release of accounting of
disclosures would alert the subjects of
an investigation to the existence of the
investigation, law enforcement activity
or investigation, and the fact that they
are subjects of the investigation, or
could disclose confidential information
that could be detrimental to national
security. The release of such
information to the subjects of an
investigation would provide them with
significant information concerning the
nature and scope of an 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. Records in this
system may contain investigatory
material compiled for law enforcement
purposes other than material within the
scope of 5 U.S.C. 552a(j)(2). Granting
access to these records in the system
could inform the subject of an
investigation of an actual or potential
criminal violation of the existence of
that investigation, 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
VerDate Sep<11>2014
16:27 Jul 12, 2023
Jkt 259001
could disclose confidential information
that could impact national security or
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 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 information is evaluated
that the relevance and necessity of such
information can be established for an
investigation. In addition, during the
course of an investigation, the
investigator may obtain information
which is incidental to the main purpose
of the investigation but which may
relate to matters under the investigative
jurisdiction of another agency. Such
information cannot readily be
segregated.
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 provision could provide the
subject of an investigation with
substantial information about the nature
and scope of that investigation, could
provide information to enable the
subject to avoid detection or
apprehension, seriously impede or
compromise an investigation, or the
fabrication of testimony, and disclose
investigative techniques and
procedures. Additionally, the
application of this section could 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 OIG’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 proposed 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,
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44749
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., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–221)).
This proposed 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. This proposed rule is
not a major rule under 5 U.S.C. 804(2).
This proposed 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.
3. Unfunded Mandates Reform Act
This proposed 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 proposed rule
does not have a significant or unique
effect on State, local, or tribal
Governments or the private sector. This
proposed 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. 1501 et seq.) is not required.
4. Takings (E.O. 12630)
In accordance with Executive Order
12630, the proposed rule does not have
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44750
Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Proposed Rules
significant takings implications. This
proposed rule makes only minor
changes to 43 CFR part 2. A takings
implication assessment is not required.
that would require further analysis
under NEPA.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
10. Effects on Energy Supply (E.O.
13211)
Office of the Secretary
5. Federalism (E.O. 13132)
This proposed rule is not a significant
energy action under the definition in
Executive Order 13211. A statement of
energy effects is not required.
45 CFR Parts 75
In accordance with Executive Order
13132, this proposed rule does not have
any federalism implications to warrant
the preparation of a federalism
assessment. The proposed 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.
6. Civil Justice Reform (E.O. 12988)
This proposed rule complies with the
requirements of Executive Order 12988.
Specifically, this rule:
(a) Does not unduly burden the
Federal 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.
7. Consultation With Indian Tribes (E.O.
13175)
In accordance with Executive Order
13175, the Department of the Interior
has evaluated this proposed rule and
determined that it would have no
substantial effects on Federally
Recognized Indian Tribes.
8. Paperwork Reduction Act
This proposed rule does not require
an information collection from 10 or
more parties and a submission under
the Paperwork Reduction Act (44 U.S.C.
3501, et seq.) is not required.
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9. National Environmental Policy Act
16:27 Jul 12, 2023
Jkt 259001
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 proposed
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.
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, the
Social Security Number Fraud Prevention
Act of 2017, Pub. L. 115–59, September 15,
2017.
2. Amend § 2.254 by adding
paragraphs (b)(3), (d)(3), and (e)(8) to
read as follows:
■
§ 2.254
Exemptions.
*
This proposed 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), 42 U.S.C. 4321, et seq., is not
required because the proposed rule is
covered by a categorical exclusion. We
have determined the proposed rule is
categorically excluded under 43 CFR
46.210(i) because it is administrative,
legal, and technical in nature. We also
have determined the proposed rule does
not involve any of the extraordinary
circumstances listed in 43 CFR 46.215
VerDate Sep<11>2014
11. Clarity of This Regulation
*
*
*
*
(b) * * *
(3) INTERIOR/OIG–02, Investigative
Records.
(d) * * *
(3) INTERIOR/OIG–02, Investigative
Records.
(e) * * *
(8) INTERIOR/OIG–02, Investigative
Records.
*
*
*
*
*
Teri Barnett,
Departmental Privacy Officer, Department of
the Interior.
[FR Doc. 2023–14881 Filed 7–12–23; 8:45 am]
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RIN 0945–AA19
Health and Human Services Grants
Regulation
Office for Civil Rights (OCR),
Office of the Assistant Secretary for
Financial Resources (ASFR),
Department of Health and Human
Services (HHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
This is a notice of proposed
rulemaking (NPRM) to repromulgate
and revise certain regulatory provisions
of the HHS, Uniform Administrative
Rule Requirements, Cost Principles, and
Audit Requirements for HHS Awards,
previously set forth in a final rule
published in the Federal Register.
DATES: Comments: Submit comments on
or before September 11, 2023.
ADDRESSES: You may submit comments,
identified by the Regulation Identifier
Number (RIN) 0945–AA19, by any of the
following methods. Please do not
submit duplicate comments.
Federal Rulemaking Portal: You may
submit electronic comments at https://
regulations.gov by searching for the
Docket ID number HHS–OCR–2023–
0011. Follow the instructions for
submitting electronic comments. If you
are submitting comments electronically,
the Department strongly encourages you
to submit any comments or attachments
in Microsoft Word format. If you must
submit a comment in Adobe Portable
Document Format (PDF), the
Department strongly encourages you to
convert the PDF to ‘‘print-to-PDF’’
format, or to use some other commonly
used searchable text format. Please do
not submit the PDF in scanned format.
Using a print-to-PDF allows the
Department to electronically search and
copy certain portions of your
submissions to assist in the rulemaking
process.
Regular, Express, or Overnight Mail:
You may mail written comments to the
following address only: U.S. Department
of Health and Human Services, Office
for Civil Rights, Attention: HHS Grants
Rulemaking (RIN–0945–AA19),
Washington, DC 20201.
All comments received by the
methods and due date specified above
may be posted without change to
content to https://www.regulations.gov,
which may include personal
information provided about the
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Proposed Rules]
[Pages 44748-44750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14881]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[DOI-2023-0008; 234D0104IG, DG10100000, DIG000000.000000]
RIN 1090-AB27
Privacy Act Regulations; Exemption for Investigative Records
AGENCY: Office of Inspector General, Interior.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of the Interior (DOI) is proposing to amend its
regulations to exempt certain records in the INTERIOR/OIG-02,
Investigative Records, 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 September 11, 2023.
ADDRESSES: You may submit comments, identified by docket number [DOI-
2023-0008] or Regulatory Information Number (RIN) Number 1090-AB27, by
any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for sending comments.
Email: [email protected]. Include docket number
[DOI-2023-0008] or RIN 1090-AB27 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-2023-0008] or RIN 1090-AB27 for this rulemaking.
All comments received will be posted without change to https://www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://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, [email protected] 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 information about individuals that is 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).
Individuals may request access to records containing information
about themselves under the Privacy Act, 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 pursuant to 5 U.S.C.
552a(j) and (k).
The Office of Inspector General (OIG) maintains the INTERIOR/OIG-
02, Investigative Records, system of records to help facilitate the
OIG's various responsibilities under the Inspector General Act of 1978,
as amended. The OIG is statutorily directed to conduct and supervise
investigations relating to programs and operations of the DOI, to
promote economy, efficiency, and effectiveness in the administration of
programs and operations, and to prevent and detect fraud, waste, and
abuse in such programs and operations. Accordingly, records in the
system are used during the course of conducting investigations on
individuals and entities suspected of misconduct, fraud, waste, and
abuse, other illegal or unethical acts, and in conducting related
criminal prosecutions, civil proceedings, and administrative actions.
The system also contains records of complaints, requests to
investigate, and administrative referrals; records of case initiation;
reports, correspondence, notes and memoranda generated by OIG regarding
investigations; and records on complainants, subjects, and victims.
The system notice for INTERIOR/OIG-02, Investigative Records,
system of records was previously published in the Federal Register at
76 FR 60519 (September 29, 2011), modification published at 86 FR 50156
(September 7, 2021). An updated system of records notice was published
elsewhere in the Federal Register denoting updates to the modified
INTERIOR/OIG-02, Investigative Records, system of records.
Under 5 U.S.C. 552a(j) and (k), the head of a Federal agency may
promulgate rules to exempt a system of records from certain provisions
of the Privacy Act. The INTERIOR/OIG-02, Investigative Records, system
contains records related to law enforcement investigations that are
exempt from provisions of the Privacy Act, 5 U.S.C. 552a(j) and (k).
The DOI previously promulgated regulations at 43 CFR 2.254 to exempt
records in this system from all provisions of the Privacy Act except
subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7),
(9), (10), and (11), and (i) pursuant to 5 U.S.C. 552a(j)(2); and to
exempt records from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H),
and (I), and (f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).
In this notice of proposed rulemaking (NPRM), DOI is proposing to
claim additional exemptions from subsections (c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f) of the Privacy Act pursuant to 5
U.S.C. 552a(k)(1), (k)(3), and (k)(5) because this system of records
contains material that support activities related to investigations.
The OIG may waive exemptions on a case-by-case basis where a release
would not interfere with or reveal investigatory material compiled for
law enforcement purposes, or reveal records on suitability,
[[Page 44749]]
eligibility, or qualifications for Federal employment, military
service, Federal contracts, or access to classified information, or
compromise confidential sources. 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. Records in this system may contain
investigatory records and material compiled for law enforcement
purposes other than material within the scope of 5 U.S.C. 552a(j)(2).
Release of accounting of disclosures would alert the subjects of an
investigation to the existence of the investigation, law enforcement
activity or investigation, and the fact that they are subjects of the
investigation, or could disclose confidential information that could be
detrimental to national security. The release of such information to
the subjects of an investigation would provide them with significant
information concerning the nature and scope of an 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.
Records in this system may contain investigatory material compiled for
law enforcement purposes other than material within the scope of 5
U.S.C. 552a(j)(2). Granting access to these records in the system could
inform the subject of an investigation of an actual or potential
criminal violation of the existence of that investigation, 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 confidential information that could
impact national security or 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 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 information is
evaluated that the relevance and necessity of such information can be
established for an investigation. In addition, during the course of an
investigation, the investigator may obtain information which is
incidental to the main purpose of the investigation but which may
relate to matters under the investigative jurisdiction of another
agency. Such information cannot readily be segregated.
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 provision could provide the subject of
an investigation with substantial information about the nature and
scope of that investigation, could provide information to enable the
subject to avoid detection or apprehension, seriously impede or
compromise an investigation, or the fabrication of testimony, and
disclose investigative techniques and procedures. Additionally, the
application of this section could 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
OIG'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 proposed 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.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-221)). This proposed 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. This proposed rule is not a major
rule under 5 U.S.C. 804(2). This proposed 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 foreign-based
enterprises.
3. Unfunded Mandates Reform Act
This proposed 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 proposed rule does not
have a significant or unique effect on State, local, or tribal
Governments or the private sector. This proposed 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. 1501 et seq.) is
not required.
4. Takings (E.O. 12630)
In accordance with Executive Order 12630, the proposed rule does
not have
[[Page 44750]]
significant takings implications. This proposed rule makes only minor
changes to 43 CFR part 2. A takings implication assessment is not
required.
5. Federalism (E.O. 13132)
In accordance with Executive Order 13132, this proposed rule does
not have any federalism implications to warrant the preparation of a
federalism assessment. The proposed 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.
6. Civil Justice Reform (E.O. 12988)
This proposed rule complies with the requirements of Executive
Order 12988. Specifically, this rule:
(a) Does not unduly burden the Federal 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.
7. Consultation With Indian Tribes (E.O. 13175)
In accordance with Executive Order 13175, the Department of the
Interior has evaluated this proposed rule and determined that it would
have no substantial effects on Federally Recognized Indian Tribes.
8. Paperwork Reduction Act
This proposed rule does not require an information collection from
10 or more parties and a submission under the Paperwork Reduction Act
(44 U.S.C. 3501, et seq.) is not required.
9. National Environmental Policy Act
This proposed 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), 42 U.S.C. 4321, et seq., is not required because the proposed
rule is covered by a categorical exclusion. We have determined the
proposed rule is categorically excluded under 43 CFR 46.210(i) because
it is administrative, legal, and technical in nature. We also have
determined the proposed rule does not involve any of the extraordinary
circumstances listed in 43 CFR 46.215 that would require further
analysis under NEPA.
10. Effects on Energy Supply (E.O. 13211)
This proposed rule is not a significant energy action under the
definition in Executive Order 13211. A statement of energy effects is
not required.
11. 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
proposed 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.
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
0
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, the Social Security Number Fraud Prevention Act
of 2017, Pub. L. 115-59, September 15, 2017.
0
2. Amend Sec. 2.254 by adding paragraphs (b)(3), (d)(3), and (e)(8) to
read as follows:
Sec. 2.254 Exemptions.
* * * * *
(b) * * *
(3) INTERIOR/OIG-02, Investigative Records.
(d) * * *
(3) INTERIOR/OIG-02, Investigative Records.
(e) * * *
(8) INTERIOR/OIG-02, Investigative Records.
* * * * *
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2023-14881 Filed 7-12-23; 8:45 am]
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