80_FR_27716 80 FR 27623 - Privacy Act Regulations

80 FR 27623 - Privacy Act Regulations

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 80, Issue 93 (May 14, 2015)

Page Range27623-27626
FR Document2015-11686

The Department of the Interior is proposing to amend its regulations to exempt certain records in the Indian Arts and Crafts Board system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative law enforcement requirements.

Federal Register, Volume 80 Issue 93 (Thursday, May 14, 2015)
[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Proposed Rules]
[Pages 27623-27626]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11686]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 2

[156D0102DM/DS10700000/DMSN00000.000000/DX.10701.CEN00000]
RIN 1090-AB10


Privacy Act Regulations

AGENCY: Office of the Secretary, Interior.

ACTION: Proposed rule.

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

SUMMARY: The Department of the Interior is proposing to amend its 
regulations to exempt certain records in the Indian Arts and Crafts 
Board system of records from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative law enforcement 
requirements.

DATES: Submit written comments on or before July 13, 2015.

ADDRESSES: Send written comments, identified by RIN number 1090-AB10, 
by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Teri Barnett, Departmental Privacy Officer, U.S. 
Department of the Interior, 1849 C Street NW., Mail Stop 5547 MIB, 
Washington, DC 20240.
     Email: Teri Barnett, Departmental Privacy Officer, U.S. 
Department of the Interior, [email protected].

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: 

[[Page 27624]]

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(k).
    The Department of the Interior (DOI), Office of the Secretary, 
created the Indian Arts and Crafts Board, DOI-24, system of records to 
assist the Department of the Interior's Indian Arts and Crafts Board 
(IACB) in overseeing the implementation of the Indian Arts and Crafts 
Act of 1990, as amended. The purposes of this system of records include 
documenting investigations, including investigations by DOI law 
enforcement, of individuals or organizations that offer or display for 
sale or sell any good, with or without a Government trademark, in a 
manner that falsely suggests it is Indian produced, an Indian product, 
or the product of a particular Indian or Indian tribe or Indian arts 
and crafts organization within the United States. Additionally, the 
system helps the IACB manage its program activities, promote the 
economic development of American Indians and Alaska Natives of 
Federally recognized tribes through the expansion of the Indian arts 
and crafts market; provide promotional opportunities, general business 
advice, and information on the Indian Arts and Crafts Act to Native 
American artists, craftspeople, businesses, museums, and cultural 
centers of Federally recognized tribes; manage museum exhibitions and 
activities; and produce a source directory of American Indian and 
Alaska Native owned and operated arts and crafts businesses.
    In this notice of proposed rulemaking, the Department of the 
Interior is proposing to exempt the Indian Arts and Crafts Board system 
of records from certain provisions of the Privacy Act pursuant to 5 
U.S.C. 552a(k)(2) because of criminal, civil, and administrative law 
enforcement requirements.
    Under 5 U.S.C. 552a(k)(2), the head of a Federal agency may 
promulgate rules to exempt a system of records from certain provisions 
of 5 U.S.C. 552a if the system of records is ``investigatory material 
compiled for law enforcement purposes
    Because this system of records contains investigatory material 
compiled for law enforcement purposes within the provisions of 5 U.S.C. 
552a(k)(2), the Department of the Interior proposes to exempt the 
Indian Arts and Crafts Board system of records from 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 law enforcement activities, including but not limited 
to revealing sensitive information or compromising confidential 
sources, the exemption may be waived on a case-by-case 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 required by the Privacy Act 
available upon request to the individual named in the record. Release 
of the accounting of disclosures could 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 investigatory records in the Indian Arts and Crafts 
Board system of records could inform the subject of an investigation of 
the existence of that investigation, the nature and scope of the 
information and evidence obtained, 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 security-sensitive, 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 often 
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 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 always be 
readily 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 could aid in establishing patterns of 
criminal activity and 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. To the extent this provision is construed to require more 
detailed disclosure than the broad, generic information currently 
published in the systems of records notice, an exemption from this 
provision is necessary to protect the confidentiality of sources of 
information, and to protect the privacy and physical safety of 
witnesses and informants.

[[Page 27625]]

Procedural Requirements

1. Regulatory Planning and Review (E.O. 12866)

    The Office of Management and Budget (OMB) has determined that this 
rule is not a significant rule and has not reviewed it under the 
requirements of Executive Order 12866. We have evaluated the impacts of 
the rule as required by E.O. 12866 and have determined that it does not 
meet the criteria for a significant regulatory action. The results of 
our evaluation are given below.
    (a) This rule will not have an annual effect of $100 million or 
more on the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities.
    (b) This rule would not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (c) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, concessions, loan programs, water contracts, 
management agreements, or the rights and obligations of their 
recipients.
    (d) This rule does not raise any novel legal or policy issues.

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 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. 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).

12. 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.

13. Clarity of This Regulation

    We are required by Executive Order 12866 and 12988, the Plain 
Writing Act of 2010 (H.R. 946), 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.

List of Subjects in 43 CFR Part 2

    Administrative practice and procedure, Confidential information, 
Courts, Freedom of Information Act, Privacy Act.

    Dated: April 15, 2015.
Kristen J. Sarri,
Principal Deputy Assistant Secretary for Policy, Management and Budget.

    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.

0
2. Amend Sec.  2.254 by adding paragraph (b)(17) to read as follows:


Sec.  2.254  Exemptions.

* * * * *
    (b) * * *

[[Page 27626]]

    (17) Indian Arts and Crafts Board, DOI-24.
* * * * *
[FR Doc. 2015-11686 Filed 5-13-15; 8:45 am]
 BILLING CODE 4334-12-P



                                                                         Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules                                                 27623

                                                must be submitted for inclusion in the                  2010 must meet only the negative-                     materials to the docket until July 6,
                                                public docket. Information so marked                    response criterion outlined in 40 CFR                 2015.
                                                will not be disclosed except in                         745.88(c)(1). The negative-response
                                                                                                                                                              III. References
                                                accordance with procedures set forth in                 criterion states that for paint containing
                                                40 CFR part 2.                                          lead at or above the regulated level, 1.0               As indicated under ADDRESSES, a
                                                   2. Tips for preparing your comments.                 mg/cm2 or 0.5 percent by weight, a                    docket has been established for this
                                                When submitting comments, remember                      demonstrated probability (with 95%                    rulemaking under docket ID number
                                                to:                                                     confidence) of a negative response less               EPA–HQ–OPPT–2005–0049. The docket
                                                   i. Identify this document by docket ID               than or equal to 5 percent of the time                includes this document and other
                                                number and other identifying                            must be met. The recognition of kits that             information.
                                                information (subject heading, Federal                   meet only this criterion will last until              EPA. Lead; Renovation, Repair, and Painting
                                                Register date and page number).                         EPA publicizes its recognition of the                    Program; Final Rule. Federal Register,
                                                   ii. Follow directions. Follow the                    first test kit that meets both of the                    April 22, 2008 (73 FR 21692) (FRL–
                                                detailed instructions as provided under                 criteria outlined in the rule.                           8355–7).
                                                ADDRESSES. Respond to specific                             Lead test kits recognized after                      Authority: 15 U.S.C. 2601 et seq.
                                                questions posed by the Agency.                          September 1, 2010 must meet both the
                                                   iii. Explain why you agree or disagree;                                                                      Dated: May 8, 2015.
                                                                                                        negative-response and positive-response
                                                suggest alternatives.                                                                                         James Jones,
                                                                                                        criteria outlined in 40 CFR 745.88(c)(1)–
                                                   iv. Describe any assumptions and                     (2). The positive-response criterion                  Assistant Administrator, Office of Chemical
                                                provide any technical information and/                                                                        Safety and Pollution Prevention.
                                                                                                        states that for paint containing lead
                                                or data that you used.                                  below the regulated level, 1.0 mg/cm2 or              [FR Doc. 2015–11669 Filed 5–13–15; 8:45 am]
                                                   v. If you estimate potential costs or                                                                      BILLING CODE 6560–50–P
                                                                                                        0.5% by weight, a demonstrated
                                                burdens, explain how you arrived at
                                                                                                        probability (with 95% confidence) of a
                                                your estimate in sufficient detail to
                                                                                                        positive response less than or equal to
                                                allow for it to be reproduced by the                                                                          DEPARTMENT OF THE INTERIOR
                                                                                                        10% of the time must be met.
                                                Agency and others.
                                                   vi. Provide specific examples to                     Qualitatively speaking, lead test kits
                                                                                                        recognized by EPA should also serve as                Office of the Secretary
                                                illustrate your concerns and suggest
                                                alternatives.                                           a quick, inexpensive, reliable, and easy
                                                                                                        to perform option for lead-based paint                43 CFR Part 2
                                                   vii. Explain your views as clearly as
                                                possible, avoiding the use of profanity                 testing in the field.                                 [156D0102DM/DS10700000/
                                                                                                           Despite the EPA’s commitment of                    DMSN00000.000000/DX.10701.CEN00000]
                                                or personal threats.
                                                   viii. Make sure to submit your                       resources to this effort, to date no test             RIN 1090–AB10
                                                comments by the comment period                          kit has met both of the performance
                                                deadline identified in this document.                   criteria outlined in the RRP rule.                    Privacy Act Regulations
                                                                                                        However, there are two EPA-recognized
                                                II. Background                                          test kits commercially available                      AGENCY:    Office of the Secretary, Interior.
                                                   In the Federal Register of April 22,                 nationwide that meet the false-negative               ACTION:   Proposed rule.
                                                2008 (73 FR 21692) (FRL–8355–7), EPA                    criterion and continue to be recognized               SUMMARY:    The Department of the
                                                published the Lead-Based Paint                          by EPA. Therefore, in an effort to                    Interior is proposing to amend its
                                                Renovation, Repair and Painting rule,                   understand the current state of the                   regulations to exempt certain records in
                                                which requires contractors to use lead-                 science for lead test kits and lead-based             the Indian Arts and Crafts Board system
                                                safe work practices during renovation,                  paint field testing alternatives, as well             of records from one or more provisions
                                                repair, and painting activities that                    as the existing market and potential                  of the Privacy Act because of criminal,
                                                disturb lead-based paint in target                      availability of additional test kits, EPA             civil, and administrative law
                                                housing and child-occupied facilities                   is soliciting input from relevant                     enforcement requirements.
                                                built before 1978 unless a determination                stakeholders. EPA is convening a
                                                                                                                                                              DATES: Submit written comments on or
                                                can be made that no lead-based paint                    meeting and webinar for interested
                                                                                                        stakeholders and the public on                        before July 13, 2015.
                                                would be disturbed during the
                                                renovation or repair. The use of an EPA-                Thursday, June 4, 2015 to seek                        ADDRESSES: Send written comments,
                                                recognized lead test kit, when used by                  information related to: (1) The existing              identified by RIN number 1090–AB10,
                                                a trained professional, can reliably                    market for lead test kits as referenced in            by one of the following methods:
                                                determine that regulated lead-based                     the 2008 RRP rule; (2) the development                  • Federal e-Rulemaking Portal:
                                                paint is not present by virtue of a                     or modification of lead test kit(s) that              http://www.regulations.gov. Follow the
                                                negative result. The federal standards                  may meet EPA’s positive-response                      instructions for submitting comments.
                                                for lead-based paint in target housing                  criterion (in addition to the negative-                 • Mail: Teri Barnett, Departmental
                                                and child-occupied facilities is a lead                 response criterion); and (3) other                    Privacy Officer, U.S. Department of the
                                                content in paint that equals or exceeds                 alternatives for lead-based paint field               Interior, 1849 C Street NW., Mail Stop
                                                a level of 1.0 milligram per square                     testing. EPA will provide further                     5547 MIB, Washington, DC 20240.
                                                centimeter (mg/cm2) or 0.5 percent by                   information regarding topics to be                      • Email: Teri Barnett, Departmental
                                                weight. If regulated lead-based paint is                discussed at the meeting in an                        Privacy Officer, U.S. Department of the
                                                                                                                                                              Interior, Privacy@ios.doi.gov.
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                                                not present, there is no requirement to                 Information Document to be posted on
                                                employ lead-safe work practices under                   www2.epa.gov/lead and placed in the                   FOR FURTHER INFORMATION CONTACT: Teri
                                                the RRP rule.                                           docket for this action. Meeting                       Barnett, Departmental Privacy Officer,
                                                   The RRP rule established negative-                   participants and other interested parties             U.S. Department of the Interior, 1849 C
                                                response and positive-response criteria                 who wish to respond in writing to the                 Street NW., Mail Stop 5547 MIB,
                                                outlined in 40 CFR 745.88(c) for lead                   requested lead test kit topics outlined               Washington, DC 20240. Email at
                                                test kits recognized by EPA. Lead test                  above, as well as the forthcoming                     Privacy@ios.doi.gov.
                                                kits recognized before September 1,                     Information Docket, may submit written                SUPPLEMENTARY INFORMATION:



                                           VerDate Sep<11>2014   17:00 May 13, 2015   Jkt 235001   PO 00000   Frm 00023   Fmt 4702   Sfmt 4702   E:\FR\FM\14MYP1.SGM   14MYP1


                                                27624                    Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules

                                                Background                                                 In this notice of proposed rulemaking,             witnesses, and law enforcement
                                                                                                        the Department of the Interior is                     personnel, and could provide
                                                   The Privacy Act of 1974, as amended,                 proposing to exempt the Indian Arts and               information to enable the subject to
                                                5 U.S.C. 552a, governs the means by                     Crafts Board system of records from                   avoid detection or apprehension.
                                                which the U.S. Government collects,                     certain provisions of the Privacy Act                 Granting access to such information
                                                maintains, uses and disseminates                        pursuant to 5 U.S.C. 552a(k)(2) because               could seriously impede or compromise
                                                personally identifiable information. The                of criminal, civil, and administrative                an investigation; endanger the physical
                                                Privacy Act applies to records about                    law enforcement requirements.                         safety of confidential sources, witnesses,
                                                individuals that are maintained in a                       Under 5 U.S.C. 552a(k)(2), the head of             and law enforcement personnel, as well
                                                ‘‘system of records.’’ A system of                      a Federal agency may promulgate rules                 as their families; lead to the improper
                                                records is a group of any records under                 to exempt a system of records from                    influencing of witnesses, the destruction
                                                the control of an agency from which                     certain provisions of 5 U.S.C. 552a if the            of evidence, or the fabrication of
                                                information about an individual is                      system of records is ‘‘investigatory                  testimony; and disclose investigative
                                                retrieved by the name of the individual                 material compiled for law enforcement                 techniques and procedures. In addition,
                                                or by some identifying number, symbol,                  purposes                                              granting access to such information
                                                or other identifying particular assigned                   Because this system of records                     could disclose security-sensitive, or
                                                to the individual. See 5 U.S.C.                         contains investigatory material
                                                                                                                                                              confidential information and could
                                                552a(a)(4) and (5).                                     compiled for law enforcement purposes
                                                                                                                                                              constitute an unwarranted invasion of
                                                   An individual may request access to                  within the provisions of 5 U.S.C.
                                                                                                                                                              the personal privacy of others.
                                                records containing information about                    552a(k)(2), the Department of the
                                                                                                        Interior proposes to exempt the Indian                  3. 5 U.S.C. 552a(e)(1). This section
                                                him or herself, 5 U.S.C. 552a(b), (c) and
                                                (d). However, the Privacy Act authorizes                Arts and Crafts Board system of records               requires the agency to maintain
                                                Federal agencies to exempt systems of                   from the following provisions: 5 U.S.C.               information about an individual only to
                                                records from access by individuals                      552a(c)(3), (d), (e)(1),(e)(4)(G) through             the extent that such information is
                                                under certain circumstances, such as                    (e)(4)(I), and (f). Where a release would             relevant or necessary. The application of
                                                where the access or disclosure of such                  not interfere with or adversely affect law            this provision could impair
                                                information would impede national                       enforcement activities, including but                 investigations and law enforcement,
                                                security or law enforcement efforts.                    not limited to revealing sensitive                    because it is not always possible to
                                                Exemptions from Privacy Act provisions                  information or compromising                           determine the relevance or necessity of
                                                must be established by regulation, 5                    confidential sources, the exemption may               specific information in the early stages
                                                U.S.C. 552a(k).                                         be waived on a case-by-case basis.                    of an investigation. Relevance and
                                                                                                        Exemptions from these particular                      necessity are often questions of
                                                   The Department of the Interior (DOI),                subsections are justified for the                     judgment and timing, and it is often
                                                Office of the Secretary, created the                    following reasons:                                    only after the information is evaluated
                                                Indian Arts and Crafts Board, DOI–24,                      1. 5 U.S.C. 552a(c)(3). This section               that the relevance and necessity of such
                                                system of records to assist the                         requires an agency to make the                        information can be established. In
                                                Department of the Interior’s Indian Arts                accounting of each disclosure of records              addition, during the course of the
                                                and Crafts Board (IACB) in overseeing                   required by the Privacy Act available                 investigation, the investigator may
                                                the implementation of the Indian Arts                   upon request to the individual named in               obtain information which is incidental
                                                and Crafts Act of 1990, as amended. The                 the record. Release of the accounting of              to the main purpose of the investigation,
                                                purposes of this system of records                      disclosures could alert the subjects of an            but which may relate to matters under
                                                include documenting investigations,                     investigation to the existence of the                 the investigative jurisdiction of another
                                                including investigations by DOI law                     investigation and the fact that they are              agency. Such information cannot always
                                                enforcement, of individuals or                          subjects of the investigation. The release            be readily segregated. Furthermore,
                                                organizations that offer or display for                 of such information to the subjects of an             during the course of the investigation,
                                                sale or sell any good, with or without a                investigation would provide them with                 an investigator may obtain information
                                                Government trademark, in a manner                       significant information concerning the                concerning the violation of laws outside
                                                that falsely suggests it is Indian                      nature of the investigation, and could
                                                produced, an Indian product, or the                                                                           the scope of the investigator’s
                                                                                                        seriously impede or compromise the
                                                product of a particular Indian or Indian                                                                      jurisdiction. In the interest of effective
                                                                                                        investigation; endanger the physical
                                                tribe or Indian arts and crafts                                                                               law enforcement, DOI investigators
                                                                                                        safety of confidential sources, witnesses
                                                organization within the United States.                                                                        should retain this information, since it
                                                                                                        and their families; and lead to the
                                                Additionally, the system helps the IACB                                                                       could aid in establishing patterns of
                                                                                                        improper influencing of witnesses, the
                                                manage its program activities, promote                                                                        criminal activity and provide valuable
                                                                                                        destruction of evidence, or the
                                                the economic development of American                                                                          leads for other law enforcement
                                                                                                        fabrication of testimony.
                                                Indians and Alaska Natives of Federally                    2. 5 U.S.C. 552a(d); (e)(4)(G) and                 agencies.
                                                recognized tribes through the expansion                 (e)(4)(H); and (f). These sections require              4. 5 U.S.C. 552a(e)(4)(I). This section
                                                of the Indian arts and crafts market;                   an agency to provide notice and                       requires an agency to provide public
                                                provide promotional opportunities,                      disclosure to individuals that a system               notice of the categories of sources of
                                                general business advice, and                            contains records pertaining to the                    records in the system. To the extent this
                                                information on the Indian Arts and                      individual, as well as providing rights of            provision is construed to require more
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                                                Crafts Act to Native American artists,                  access and amendment. Granting access                 detailed disclosure than the broad,
                                                craftspeople, businesses, museums, and                  to investigatory records in the Indian                generic information currently published
                                                cultural centers of Federally recognized                Arts and Crafts Board system of records               in the systems of records notice, an
                                                tribes; manage museum exhibitions and                   could inform the subject of an                        exemption from this provision is
                                                activities; and produce a source                        investigation of the existence of that                necessary to protect the confidentiality
                                                directory of American Indian and                        investigation, the nature and scope of                of sources of information, and to protect
                                                Alaska Native owned and operated arts                   the information and evidence obtained,                the privacy and physical safety of
                                                and crafts businesses.                                  the identity of confidential sources,                 witnesses and informants.


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                                                                         Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules                                              27625

                                                Procedural Requirements                                 enterprises to compete with foreign-                  10. National Environmental Policy Act
                                                                                                        based enterprises.                                      This rule does not constitute a major
                                                1. Regulatory Planning and Review (E.O.
                                                12866)                                                  4. Unfunded Mandates Reform Act                       Federal action and would not have a
                                                                                                           This rule does not impose an                       significant effect on the quality of the
                                                   The Office of Management and Budget
                                                                                                        unfunded mandate on State, local, or                  human environment. Therefore, this
                                                (OMB) has determined that this rule is
                                                                                                        tribal governments in the aggregate, or               rule does not require the preparation of
                                                not a significant rule and has not
                                                                                                        on the private sector, of more than $100              an environmental assessment or
                                                reviewed it under the requirements of
                                                                                                        million per year. The rule does not have              environmental impact statement under
                                                Executive Order 12866. We have
                                                                                                        a significant or unique effect on State,              the requirements of the National
                                                evaluated the impacts of the rule as
                                                                                                        local, or tribal governments or the                   Environmental Policy Act of 1969.
                                                required by E.O. 12866 and have
                                                determined that it does not meet the                    private sector. This rule makes only                  11. Data Quality Act
                                                criteria for a significant regulatory                   minor changes to 43 CFR part 2. A
                                                                                                        statement containing the information                    In developing this rule, there was no
                                                action. The results of our evaluation are                                                                     need to conduct or use a study,
                                                given below.                                            required by the Unfunded Mandates
                                                                                                        Reform Act (2 U.S.C. 1531 et seq.) is not             experiment, or survey requiring peer
                                                   (a) This rule will not have an annual                                                                      review under the Data Quality Act (Pub.
                                                effect of $100 million or more on the                   required.
                                                                                                                                                              L. 106–554).
                                                economy. It will not adversely affect in                5. Takings (E.O. 12630)
                                                a material way the economy,                                                                                   12. Effects on Energy Supply (E.O.
                                                                                                           In accordance with Executive Order                 13211).
                                                productivity, competition, jobs, the
                                                                                                        12630, the rule does not have significant
                                                environment, public health or safety, or                takings implications. This rule makes                   This rule is not a significant energy
                                                State, local or tribal governments or                   only minor changes to 43 CFR part 2. A                action under the definition in Executive
                                                communities.                                            takings implication assessment is not                 Order 13211. A Statement of Energy
                                                   (b) This rule would not create a                     required.                                             Effects is not required.
                                                serious inconsistency or otherwise
                                                interfere with an action taken or                       6. Federalism (E.O. 13132)                            13. Clarity of This Regulation
                                                planned by another agency.                                 In accordance with Executive Order                    We are required by Executive Order
                                                   (c) This rule does not alter the                     13132, this rule does not have any                    12866 and 12988, the Plain Writing Act
                                                budgetary effects of entitlements, grants,              federalism implications to warrant the                of 2010 (H.R. 946), and the Presidential
                                                user fees, concessions, loan programs,                  preparation of a Federalism Assessment.               Memorandum of June 1, 1998, to write
                                                water contracts, management                             The rule is not associated with, nor will             all rules in plain language. This means
                                                agreements, or the rights and obligations               it have substantial direct effects on the             each rule we publish must:
                                                of their recipients.                                    States, on the relationship between the               —Be logically organized;
                                                   (d) This rule does not raise any novel               national government and the States, or                —Use the active voice to address
                                                legal or policy issues.                                 on the distribution of power and                         readers directly;
                                                                                                        responsibilities among the various                    —Use clear language rather than jargon;
                                                2. Regulatory Flexibility Act
                                                                                                        levels of government. A Federalism                    —Be divided into short sections and
                                                  The Department of the Interior                        Assessment is not required.                              sentences; and
                                                certifies that this document will not                                                                         —Use lists and table wherever possible.
                                                                                                        7. Civil Justice Reform (E.O. 12988)
                                                have a significant economic effect on a
                                                substantial number of small entities                       This rule complies with the                        List of Subjects in 43 CFR Part 2
                                                under the Regulatory Flexibility Act (5                 requirements of Executive Order 12988.
                                                                                                                                                                Administrative practice and
                                                U.S.C. 601, et seq.). This rule does not                Specifically, this rule:
                                                                                                                                                              procedure, Confidential information,
                                                impose a requirement for small                             (a) Does not unduly burden the
                                                                                                        judicial system.                                      Courts, Freedom of Information Act,
                                                businesses to report or keep records on                                                                       Privacy Act.
                                                any of the requirements contained in                       (b) Meets the criteria of section 3(a)
                                                this rule. The exemptions to the Privacy                requiring that all regulations be                       Dated: April 15, 2015.
                                                Act apply to individuals, and                           reviewed to eliminate errors and                      Kristen J. Sarri,
                                                individuals are not covered entities                    ambiguity and be written to minimize                  Principal Deputy Assistant Secretary for
                                                under the Regulatory Flexibility Act.                   litigation; and                                       Policy, Management and Budget.
                                                                                                           (c) Meets the criteria of section 3(b)(2)
                                                3. Small Business Regulatory                            requiring that all regulations be written               For the reasons stated in the
                                                Enforcement Fairness Act (SBREFA)                       in clear language and contain clear legal             preamble, the Department of the Interior
                                                                                                        standards.                                            proposes to amend 43 CFR part 2 as
                                                   This rule is not a major rule under 5                                                                      follows:
                                                U.S.C. 804(2), the Small Business                       8. Consultation With Indian Tribes (E.O.
                                                Regulatory Enforcement Fairness Act.                    13175)                                                PART 2—FREEDOM OF INFORMATION
                                                This rule:                                                 In accordance with Executive Order                 ACT; RECORDS AND TESTIMONY
                                                   (a) Does not have an annual effect on                13175, the Department of the Interior
                                                the economy of $100 million or more.                                                                          ■ 1. The authority citation for part 2
                                                                                                        has evaluated this rule and determined                continues to read as follows:
                                                   (b) Will not cause a major increase in               that it would have no substantial effects
                                                costs or prices for consumers,                                                                                  Authority: 5 U.S.C. 301, 552, 552a, 553; 31
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                                                                                                        on Federally recognized Indian tribes.
                                                individual industries, Federal, State, or                                                                     U.S.C. 3717; 43 U.S.C. 1460, 1461.
                                                local government agencies, or                           9. Paperwork Reduction Act
                                                                                                                                                              ■ 2. Amend § 2.254 by adding paragraph
                                                geographic regions.                                        This rule does not require an                      (b)(17) to read as follows:
                                                   (c) Does not have significant adverse                information collection from 10 or more
                                                effects on competition, employment,                     parties and a submission under the                    § 2.254    Exemptions.
                                                investment, productivity, innovation, or                Paperwork Reduction Act is not                        *       *    *     *     *
                                                the ability of United States-based                      required.                                                 (b) * * *


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                                                27626                    Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules

                                                  (17) Indian Arts and Crafts Board,                    released on May 6, 2015. It is available              the term ‘‘cost,’’ as used in section
                                                DOI–24.                                                 on the Commission’s Web site at                       224(e), is open to a wide range of
                                                *    *     *    *     *                                 http://www.fcc.gov.                                   reasonable interpretations; that the
                                                [FR Doc. 2015–11686 Filed 5–13–15; 8:45 am]                                                                   Commission’s methodology for
                                                                                                        I. Public Notice
                                                BILLING CODE 4334–12–P                                                                                        apportioning ‘‘cost’’ among pole
                                                                                                           1. By this document, the Wireline                  attaches for purposes of the telecom rate
                                                                                                        Competition Bureau (Bureau) seeks to                  is consistent with section 224(e); and
                                                                                                        refresh the record on a petition for                  that the Commission’s justifications for
                                                FEDERAL COMMUNICATIONS
                                                                                                        reconsideration or clarification filed by             its decision concerning the telecom rate
                                                COMMISSION                                              the National Cable and                                were reasonable. In addition, the
                                                47 CFR Part 1                                           Telecommunications Association                        Commission’s 2015 Open Internet Order
                                                                                                        (NCTA), COMPTEL, and tw telecom inc.                  discussed the concern raised in the
                                                [WC Docket No. 07–245, GN Docket No. 09–                (Petitioners) on June 8, 2011 in the
                                                51; DA 15–542]
                                                                                                                                                              Petition regarding consequences to the
                                                                                                        above-referenced proceedings.                         goals of the 2011 Pole Attachment Order
                                                                                                           2. With respect to the rule concerning             if the cost allocation rule were
                                                Parties Asked To Refresh Record                         the calculation of pole attachment rates
                                                Regarding Petition to Reconsideration                                                                         interpreted to apply fully only in
                                                                                                        charged to telecommunications                         instances where there are three and five
                                                Cost Allocators Used To Calculate the                   providers pursuant to section 224(e) of
                                                Telecom Rate for Pole Attachments                                                                             attaching entities. With regard to any
                                                                                                        the Communications Act, Petitioners                   possible adverse effect on investment
                                                AGENCY:  Federal Communications                         request that ‘‘the rules be clarified or              incentives from such an interpretation,
                                                Commission.                                             amended by specifying [that] the cost                 the Open Internet Order stated that the
                                                ACTION: Proposed rule.
                                                                                                        allocator to be applied [will be] based               Commission would be ‘‘concerned by
                                                                                                        on the number of attaching entities.’’ In
                                                                                                                                                              any potential undermining of the gains
                                                SUMMARY:    In this document, the                       support of this request, Petitioners state
                                                                                                                                                              the Commission achieved by revising
                                                Wireline Competition Bureau (Bureau)                    that, in the 2011 Pole Attachment Order,
                                                                                                                                                              the pole attachment rates paid by
                                                seeks to refresh the record on a petition               ‘‘the new formula adjusts the cost basis
                                                                                                                                                              telecommunications carriers’’ in 2011
                                                for reconsideration or clarification filed              to 66 percent in urban service areas and
                                                                                                                                                              and accordingly would be ‘‘monitoring
                                                by the National Cable and                               to 44 percent in rural service areas.
                                                                                                                                                              marketplace developments . . . and can
                                                Telecommunications Association                          When paired with the presumptions
                                                                                                                                                              and will promptly take further action in
                                                (NCTA), COMPTEL, and tw telecom inc.                    that there are five entities on urban
                                                                                                                                                              that regard if warranted.’’ Given the
                                                (Petitioners) in the above-referenced                   poles and three entities on rural poles,
                                                                                                                                                              time that has elapsed since the filing
                                                proceedings. Petitioners request that                   the illustrative calculation almost
                                                                                                        exactly equals the cable rate.’’                      and original comment cycle on the
                                                ‘‘the rules be clarified or amended by                                                                        NCTA Petition, as well as the
                                                specifying [that] the cost allocator to be              Petitioners assert, however, that as
                                                                                                        written the rule may be read to address               subsequent events discussed above, we
                                                applied [will be] based on the number                                                                         seek to ensure that the record reflects
                                                of attaching entities.’’                                only the cases of the presumed three
                                                                                                        and five attaching entities. Therefore,               current viewpoints on the issues raised
                                                DATES: Comments are due on or before                                                                          in the NCTA Petition.
                                                June 4, 2015 and reply comments are                     Petitioners request that the Commission
                                                due on or before June 15, 2015.                         clarify or expand the telecom rate                    II. Procedural Matters
                                                                                                        formula to ‘‘provide the corresponding
                                                ADDRESSES: You may submit comments,                                                                           A. Accessible Formats
                                                                                                        cost adjustments scaled to other entity
                                                identified by WC Docket No. 07–245                      counts.’’ Petitioners request,                          5. To request materials in accessible
                                                and GN Docket No. 09–51, by any of the                  alternatively, that ‘‘the Commission                  formats for people with disabilities
                                                following methods:                                      could adopt the proposal in the 2010                  (braille, large print, electronic files,
                                                   • Federal Communications                             Pole Attachment FNPRM to establish                    audio format), send an email to fcc504@
                                                Commission’s Web site: http://                          the maximum just and reasonable rate                  fcc.gov or call the Consumer &
                                                fjallfoss.fcc.gov/ecfs2/. Follow the                    as the higher of the cable rate . . . or the          Governmental Affairs Bureau at 202–
                                                instructions for submitting comments.                   ‘lower bound’ telecom rate obtained by                418–0530 (voice), 202–418–0432 (tty).
                                                   • People with Disabilities: Contact
                                                                                                        excluding capital costs from the                      Contact the FCC to request reasonable
                                                the FCC to request reasonable
                                                                                                        definition of ‘cost of providing space’ in            accommodations for filing comments
                                                accommodations (accessible format
                                                                                                        the existing telecom rate formula.’’                  (accessible format documents, sign
                                                documents, sign language interpreters,                     3. A Public Notice released on June                language interpreters, CARTS, etc.) by
                                                CART, etc.) by email: FCC504@fcc.gov                    20, 2011 announced the comment cycle                  email: FCC504@fcc.gov; phone: (202)
                                                or phone: 202–418–0530 or TTY: 202–                     for the Petition. The Commission                      418–0530 (voice), (202) 418–0432
                                                418–0432.                                               subsequently published that document                  (TTY).
                                                   For detailed instructions for                        A National Broadband Plan For Our
                                                submitting comments and additional                      Future; Petition for Reconsideration, 76              B. Filing Requirements
                                                information on the rulemaking process,                  FR 44495, July 26, 2011. The                            6. Ex Parte Rules. This proceeding
                                                see the SUPPLEMENTARY INFORMATION                       Commission received comment both for                  continues to be treated as a ‘‘permit-but-
                                                section of this document.                               and against the Petition.                             disclose’’ proceeding in accordance
                                                FOR FURTHER INFORMATION CONTACT:                           4. After the close of the comment                  with the Commission’s ex parte rules.
                                                Jonathan Reel, Wireline Competition
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                                                                                                        cycle concerning the Petition, on                     Persons making ex parte presentations
                                                Bureau, Competition Policy Division,                    February 26, 2013, the U.S. Court of                  must file a copy of any written
                                                (202) 418–0637, or send an email to                     Appeals for the DC Circuit upheld the                 presentation or a memorandum
                                                johnathan.reel@fcc.gov.                                 2011 Pole Attachment Order, including                 summarizing any oral presentation
                                                SUPPLEMENTARY INFORMATION: This is a                    the Commission’s rule for calculating                 within two business days after the
                                                summary of the Commission’s                             the pole attachment rate for providers of             presentation (unless a different deadline
                                                document in WC Docket No. 07–245,                       telecommunications services. Among                    applicable to the Sunshine period
                                                GN Docket Nos. 09–51; DA 15–542                         other things, the Court determined that               applies). Persons making oral ex parte


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Document Created: 2015-12-15 15:32:59
Document Modified: 2015-12-15 15:32:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit written comments on or before July 13, 2015.
ContactTeri 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]
FR Citation80 FR 27623 
RIN Number1090-AB10
CFR AssociatedAdministrative Practice and Procedure; Confidential Information; Courts; Freedom of Information Act and Privacy Act

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