[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 49013-49015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19651]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[145D0102DM DLSN00000.000000 DS62400000 DX62401]
RIN 1090-AA94
Privacy Act Regulations; Exemption for the Debarment and
Suspension Program
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
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SUMMARY: The Department of the Interior is issuing a final rule to
amend its regulations to exempt certain records of the Debarment and
Suspension Program system of records from particular provisions of the
Privacy Act because these records contain investigatory material.
DATES: This final rule is effective September 18, 2014.
FOR FURTHER INFORMATION CONTACT: Teri Barnett, Departmental Privacy
Officer, U.S. Department of the Interior, 1849 C Street NW., Mail Stop
5547 MIB, Washington, DC 20240. Email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Department of the Interior (DOI) published a notice of proposed
rulemaking in the Federal Register, 76 FR 52295, August 22, 2011,
proposing to
[[Page 49014]]
exempt certain records of the Debarment and Suspension Program system
of records from one or more provisions of the Privacy Act because these
records contain investigatory material within the provision of 5 U.S.C.
552a(k)(2) and (k)(5). The Debarment and Suspension Program system of
records notice was published concurrently in the Federal Register, 76
FR 52341, August 22, 2011, and comments were invited on both the notice
of proposed rulemaking and system of records notice. DOI received no
comments on the notice of proposed rulemaking or system of records
notice and will therefore implement the rulemaking as proposed.
Procedural Requirements
1. Regulatory Planning and Review (E.O. 12866)
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. 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, not to entities
covered 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 foreign-based
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 and would not
have a significant effect on the quality of the human environment.
Therefore, this rule does not require the preparation of an
environmental assessment or environmental impact statement under the
requirements of the National Environmental Policy Act of 1969.
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.
List of Subjects in 43 CFR Part 2
Administrative practice and procedure, Classified information,
Courts, Freedom of information, Government employees, Privacy.
Dated: August 12, 2014.
Amy Holley,
Chief of Staff, Policy, Management and Budget.
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
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.
0
2. In Sec. 2.254, add paragraphs (b)(14) and (c)(4) to read as
follows:
Sec. 2.254 Exemptions.
(b) * * *
(14) Debarment and Suspension Program, DOI-11.
* * * * *
(c) * * *
[[Page 49015]]
(4) Debarment and Suspension Program, DOI-11.
* * * * *
[FR Doc. 2014-19651 Filed 8-18-14; 8:45 am]
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