81_FR_67457 81 FR 67267 - Privacy Act Regulations; Exemption for the Investigations Case Management System

81 FR 67267 - Privacy Act Regulations; Exemption for the Investigations Case Management System

DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67267-67270
FR Document2016-23707

The Department of the Interior is amending its regulations to exempt certain records in the Investigations Case Management System from one or more provisions of the Privacy Act because of civil and administrative law enforcement requirements.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Proposed Rules]
[Pages 67267-67270]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23707]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

43 CFR Part 2

[Docket ID: BSEE-2016-0001; 167E1700D2 EEAA010000 ET1EX0000.SZH000]
RIN 1014-AA29


Privacy Act Regulations; Exemption for the Investigations Case 
Management System

AGENCY: Bureau of Safety and Environmental Enforcement, Interior.

ACTION: Proposed rule.

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

SUMMARY: The Department of the Interior is amending its regulations to 
exempt certain records in the Investigations Case Management System 
from one or more provisions of the Privacy Act because of civil and 
administrative law enforcement requirements.

DATES: Submit written comments on or before November 29, 2016.

[[Page 67268]]


ADDRESSES: You may submit comments on this proposed rulemaking by any 
of the following methods. Please use the Regulation Identifier Number 
(RIN) 1014-AA29 as an identifier in your comments. BSEE may post all 
submitted comments, in their entirety, at: www.regulations.gov.
    1. Federal eRulemaking Portal: www.regulations.gov. In the search 
box, enter ``BSEE-2016-0001,'' then click search. Follow the 
instructions to submit public comments and view supporting and related 
materials available for this rulemaking.
    2. Mail or hand-carry comments to the Department of the Interior 
(DOI); Bureau of Safety and Environmental Enforcement; ATTN: 
Regulations and Standards Branch; 45600 Woodland Road, Mail Code VAE-
ORP; Sterling, VA 20166. Please reference ``Privacy Act Exemptions for 
the Investigations Case Management System, 1014-AA29,'' in your 
comments and include your name and return address.

FOR FURTHER INFORMATION CONTACT: Rowena Dufford, Bureau of Safety and 
Environmental Enforcement Privacy Act Officer, 45600 Woodland Road, 
Mail Stop VAE-MSD, Sterling, VA 20166. Email at 
Rowena.Dufford@bsee.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The Privacy Act of 1974, as amended, 5 U.S.C. 552a, governs the 
means by which the U.S. Government collects, maintains, uses and 
disseminates personally identifiable information. The Privacy Act 
applies to records about individuals that are maintained in a ``system 
of records.'' A system of records is a group of any records under the 
control of an agency from which information about an individual is 
retrieved by the name of the individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. See 
5 U.S.C. 552a(a)(4) and (5).
    An individual may request access to records containing information 
about him or herself, 5 U.S.C. 552a(b), (c) and (d). However, the 
Privacy Act authorizes Federal agencies to exempt systems of records 
from access by individuals under certain circumstances, such as where 
the access or disclosure of such information would impede national 
security or law enforcement efforts. Exemptions from Privacy Act 
provisions must be established by regulation, 5 U.S.C. 552a(k).
    The Department of the Interior (DOI) Bureau of Safety and 
Environmental Enforcement (BSEE) created the ``Investigations Case 
Management System (CMS), BSEE-01'', system of records to enable BSEE to 
conduct and document civil administrative investigations related to 
incidents, operations of the Outer Continental Shelf (OCS), and 
employee misconduct investigations. The CMS will store, track, and 
analyze reportable injuries, the loss or damage of property, possible 
violations of Federal laws and regulations, and investigation 
information related to operations on the OCS to identify safety 
concerns or environmental risks. The CMS will contain investigatory 
materials related to possible criminal activity and referrals to 
internal and external law enforcement organizations as appropriate for 
investigation.
    Incident and non-incident data related to activity occurring on the 
OCS collected in support of investigations, regulatory enforcement, 
homeland security, and security (physical, personnel, stability, 
environmental, and industrial) activities may include data documenting 
investigation activities, enforcement recommendations, recommendation 
results, property damage, injuries, fatalities, and analytical or 
statistical reports. The CMS will also provide information for BSEE 
management to make informed decisions on recommendations for 
enforcement, civil penalties, and other administrative actions.
    In this notice of proposed rulemaking, DOI is proposing to exempt 
portions of the CMS system of records from certain provisions of the 
Privacy Act pursuant to 5 U.S.C. 552a(k)(2) because of 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 complied for law enforcement 
purposes, other than material within the scope of subsection (j)(2).''
    Because this system of records contains investigative matters 
compiled for law enforcement purposes under the provisions of 5 U.S.C. 
552a(k)(2), the Department of the Interior plans to exempt portions of 
the CMS system of records from one or more of the following provisions: 
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). 
Where a release would not interfere with or adversely affect 
investigations or 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 to the individual named in the record upon request. Release 
of accounting of disclosures would alert the subjects of an 
investigation to the existence of the investigation and the fact that 
they are subjects of the investigation. The release of such information 
to the subjects of an investigation would provide them with significant 
information concerning the nature of the investigation, and could 
seriously impede or compromise the investigation; and lead to the 
improper influencing of witnesses, the destruction of evidence, or the 
fabrication of testimony.
    2. 5 U.S.C. 552(d); (e)(4)(G) and (e)(4)(H); and (f). These 
sections require an agency to provide notice and disclosure to 
individuals that a system contains records pertaining to the 
individual, as well as providing rights of access and amendment. 
Granting access to records in the CMS 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, lead to the improper 
influencing of witnesses, the destruction of evidence, or the 
fabrication of testimony; and disclose investigative techniques and 
procedures.
    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 civil or administrative law 
enforcement, because it is not always possible to determine the 
relevance or necessity of specific information in the early stages of 
an investigation. Relevance and necessity are often questions of 
judgment and timing, and it is only after the information is evaluated 
that the relevance and necessity of such information can be 
established. 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. BSEE 
investigators will refer information obtained outside of their civil or 
administrative jurisdictions to the appropriate agency.
    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

[[Page 67269]]

of this section could disclose investigative techniques and procedures 
and cause sources to refrain from giving such information because of 
fear of reprisal. This could compromise BSEE's ability to conduct 
investigations and to identify and detect violators.

Procedural Requirements

1. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant. Executive Order 13563 
reaffirms the principles of 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. DOI 
developed this rule in a manner consistent with these requirements.

2. Regulatory Flexibility Act

    DOI 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. The rule is not a governmental action 
capable of interference with constitutionally protected property 
rights. 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 (NEPA) of 1969

    This rule does not constitute a major Federal Action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because the rule is covered by a categorical exclusion. This 
rule meets the criteria set forth in 43 CFR 46.210(i), 516 Departmental 
Manual 15.4C(1), and the BSEE Interim NEPA Policy Document 2013-09, for 
a categorical exclusion. The rule's administrative effects are to 
exempt CMS from certain provisions of the Privacy Act pursuant to 5 
U.S.C. 552a(k)(2) because of civil and administrative law enforcement 
requirements and therefore would not have any environmental impacts. 
BSEE also analyzed this proposed rule to determine if it involves any 
of the extraordinary circumstances set forth in 43 CFR 46.215 that 
would require an environmental assessment or an environmental impact 
statement for actions otherwise eligible for a categorical exclusion. 
BSEE concluded that this rule does not meet any of the criteria for 
extraordinary circumstances.

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, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. 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

[[Page 67270]]

--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: September 7, 2016.
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 to add paragraph (b)(18) to read as follows:


Sec.  2.254  Exemptions.

* * * * *
    (b) * * *
    (18) Investigations Case Management System (CMS), BSEE-01.

[FR Doc. 2016-23707 Filed 9-29-16; 8:45 am]
 BILLING CODE 4310-VH-P



                                                                                   Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules                                                                         67267

                                                      facilities subject to the final rule                                   edited or removed from Regulations.gov.                            making effective comments, please visit
                                                      establishing pretreatment standards                                    EPA may publish any comment received                               https://www.epa.gov/dockets/
                                                      under the Clean Water Act (CWA) for                                    to its public docket. Do not submit                                commenting-epa-dockets.
                                                      discharges of pollutants into publicly                                 electronically any information you                                 FOR FURTHER INFORMATION CONTACT:   For
                                                      owned treatment works (POTWs) from                                     consider to be Confidential Business                               more information, see EPA’s Web site:
                                                      onshore unconventional oil and gas                                     Information (CBI) or other information                             https://www.epa.gov/eg/
                                                      (UOG) extraction facilities. EPA                                       whose disclosure is restricted by statute.                         unconventional-oil-and-gas-extraction-
                                                      proposes these revisions in response to                                Multimedia submissions (audio, video,                              effluent-guidelines. For technical
                                                      new information received after                                         etc.) must be accompanied by a written                             information, contact Karen Milam,
                                                      promulgation of the rule suggesting that                               comment. The written comment is
                                                      there are likely facilities subject to the                                                                                                Engineering and Analysis Division
                                                                                                                             considered the official comment and                                (4303T), Office of Water, Environmental
                                                      final rule not presently meeting the zero                              should include discussion of all points
                                                      discharge requirements in the final rule.                                                                                                 Protection Agency, 1200 Pennsylvania
                                                                                                                             you wish to make. EPA will generally                               Ave. NW., Washington, DC 20460–0001;
                                                      DATES: Written comments must be                                        not consider comments or comment                                   telephone: 202–566–1915; email:
                                                      received by October 31, 2016.                                          contents located outside of the primary                            milam.karen@epa.gov.
                                                      ADDRESSES: Submit your comments,                                       submission (i.e. on the web, cloud, or
                                                      identified by Docket ID No. [EPA–HQ–                                   other file sharing system). For                                    SUPPLEMENTARY INFORMATION:
                                                      OW–2016–0598], at http://                                              additional submission methods, the full                            I. Does this action apply to me?
                                                      www.regulations.gov. Follow the online                                 EPA public comment policy,
                                                      instructions for submitting comments.                                  information about CBI or multimedia                                   Entities potentially regulated by this
                                                      Once submitted, comments cannot be                                     submissions, and general guidance on                               final action include:

                                                                                                                                                                                                                              North American Industry
                                                                           Category                                                                Example of regulated entity                                                 Classification System
                                                                                                                                                                                                                                   (NAICS) code

                                                      Industry ................................................   Crude Petroleum and Natural Gas Extraction ..................................................                               211111
                                                      Industry ................................................   Natural Gas Liquid Extraction ...........................................................................                   211112



                                                      II. Why is EPA issuing this proposed                                   published today on any topic other than                            disposal, Water pollution control,
                                                      rule?                                                                  the appropriateness of an extension of                             Unconventional oil and gas extraction.
                                                                                                                             the compliance date; any other                                       Dated: September 22, 2016.
                                                         This document proposes to establish                                 comments will be considered to be
                                                      a compliance date for pretreatment                                                                                                        Gina McCarthy,
                                                                                                                             outside the scope of this rulemaking.
                                                      standards for existing onshore                                                                                                            Administrator.
                                                      unconventional oil and gas extraction                                    We do not intend to institute a second                           [FR Doc. 2016–23458 Filed 9–29–16; 8:45 am]
                                                      facilities within the Oil and Gas                                      comment period on this action. Any                                 BILLING CODE 6560–50–P
                                                      Extraction Point Source Category that                                  parties interested in commenting must
                                                      differs from the date specified in the                                 do so at this time. For further
                                                      preamble to that final rule (81 FR 41845,                              information, please see the information
                                                                                                                             provided in the ADDRESSES section of                               DEPARTMENT OF THE INTERIOR
                                                      June 28, 2016). We have published a
                                                      direct final rule to extend the                                        this document.
                                                                                                                                                                                                Bureau of Safety and Environmental
                                                      compliance date to August 29th, 2019                                   III. Where is the location of regulatory                           Enforcement
                                                      for existing sources that were lawfully                                text for this proposal?
                                                      discharging UOG wastewater to POTWs                                                                                                       43 CFR Part 2
                                                      on or between the date of the Federal                                    The regulatory text for this proposal is
                                                      Register Notice of the proposed rule                                   identical to that for the direct final rule                        [Docket ID: BSEE–2016–0001; 167E1700D2
                                                      (April 7, 2015) and the date of the                                    published in the Rules and Regulations                             EEAA010000 ET1EX0000.SZH000]
                                                      Federal Register Notice of the final rule                              section of the Federal Register. For
                                                                                                                                                                                                RIN 1014–AA29
                                                      (June 28, 2016) in the ‘‘Rules and                                     further supplemental information, the
                                                      Regulations’’ section of this Federal                                  detailed rationale for the proposal, and                           Privacy Act Regulations; Exemption
                                                      Register because we view this as a                                     the regulatory revisions, see the                                  for the Investigations Case
                                                      noncontroversial action and anticipate                                 information provided in the direct final                           Management System
                                                      no adverse comment. For purposes of                                    rule published in the Rules and
                                                      this proposed rule, compliance date and                                Regulations section of this Federal                                AGENCY:  Bureau of Safety and
                                                      implementation date are used                                           Register.                                                          Environmental Enforcement, Interior.
                                                      interchangeably. We have explained our                                 IV. Statutory and Executive Order                                  ACTION: Proposed rule.
                                                      reasons for this action in the preamble                                Reviews
                                                      to the direct final rule.                                                                                                                 SUMMARY:    The Department of the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                         If no adverse comments are received,                                  For a complete discussion of all of the                          Interior is amending its regulations to
                                                      the direct final rule will go into effect.                             administrative requirements applicable                             exempt certain records in the
                                                      If we receive adverse comment, we will                                 to this action, see the direct final rule in                       Investigations Case Management System
                                                      withdraw the direct final rule and it will                             the Rules and Regulations section of this                          from one or more provisions of the
                                                      not take effect. We would address all                                  Federal Register.                                                  Privacy Act because of civil and
                                                      public comments in any subsequent                                                                                                         administrative law enforcement
                                                                                                                             List of Subjects in 40 CFR Part 435                                requirements.
                                                      final rule based on this proposed rule.
                                                      EPA will not consider any comment                                        Environmental protection,                                        DATES: Submit written comments on or
                                                      submitted on the proposed rule                                         Pretreatment, Waste treatment and                                  before November 29, 2016.


                                                 VerDate Sep<11>2014        18:55 Sep 29, 2016        Jkt 238001     PO 00000      Frm 00051      Fmt 4702     Sfmt 4702     E:\FR\FM\30SEP1.SGM          30SEP1


                                                      67268                 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules

                                                      ADDRESSES:   You may submit comments                    System (CMS), BSEE–01’’, system of                    subsections are justified for the
                                                      on this proposed rulemaking by any of                   records to enable BSEE to conduct and                 following reasons:
                                                      the following methods. Please use the                   document civil administrative                            1. 5 U.S.C. 552a(c)(3). This section
                                                      Regulation Identifier Number (RIN)                      investigations related to incidents,                  requires an agency to make the
                                                      1014–AA29 as an identifier in your                      operations of the Outer Continental                   accounting of each disclosure of records
                                                      comments. BSEE may post all submitted                   Shelf (OCS), and employee misconduct                  required by the Privacy Act available to
                                                      comments, in their entirety, at:                        investigations. The CMS will store,                   the individual named in the record
                                                      www.regulations.gov.                                    track, and analyze reportable injuries,               upon request. Release of accounting of
                                                        1. Federal eRulemaking Portal:                        the loss or damage of property, possible              disclosures would alert the subjects of
                                                      www.regulations.gov. In the search box,                 violations of Federal laws and                        an investigation to the existence of the
                                                      enter ‘‘BSEE–2016–0001,’’ then click                    regulations, and investigation                        investigation and the fact that they are
                                                      search. Follow the instructions to                      information related to operations on the              subjects of the investigation. The release
                                                      submit public comments and view                         OCS to identify safety concerns or                    of such information to the subjects of an
                                                      supporting and related materials                        environmental risks. The CMS will                     investigation would provide them with
                                                      available for this rulemaking.                          contain investigatory materials related               significant information concerning the
                                                        2. Mail or hand-carry comments to the                 to possible criminal activity and                     nature of the investigation, and could
                                                      Department of the Interior (DOI); Bureau                referrals to internal and external law                seriously impede or compromise the
                                                      of Safety and Environmental                             enforcement organizations as                          investigation; and lead to the improper
                                                      Enforcement; ATTN: Regulations and                      appropriate for investigation.                        influencing of witnesses, the destruction
                                                      Standards Branch; 45600 Woodland                           Incident and non-incident data                     of evidence, or the fabrication of
                                                      Road, Mail Code VAE–ORP; Sterling,                      related to activity occurring on the OCS              testimony.
                                                      VA 20166. Please reference ‘‘Privacy Act                collected in support of investigations,                  2. 5 U.S.C. 552(d); (e)(4)(G) and
                                                      Exemptions for the Investigations Case                  regulatory enforcement, homeland                      (e)(4)(H); and (f). These sections require
                                                      Management System, 1014–AA29,’’ in                      security, and security (physical,                     an agency to provide notice and
                                                      your comments and include your name                                                                           disclosure to individuals that a system
                                                                                                              personnel, stability, environmental, and
                                                      and return address.                                                                                           contains records pertaining to the
                                                                                                              industrial) activities may include data
                                                                                                                                                                    individual, as well as providing rights of
                                                      FOR FURTHER INFORMATION CONTACT:                        documenting investigation activities,
                                                                                                                                                                    access and amendment. Granting access
                                                      Rowena Dufford, Bureau of Safety and                    enforcement recommendations,
                                                                                                                                                                    to records in the CMS system of records
                                                      Environmental Enforcement Privacy Act                   recommendation results, property
                                                                                                                                                                    could inform the subject of an
                                                      Officer, 45600 Woodland Road, Mail                      damage, injuries, fatalities, and
                                                                                                                                                                    investigation of the existence of that
                                                      Stop VAE–MSD, Sterling, VA 20166.                       analytical or statistical reports. The
                                                                                                                                                                    investigation, the nature and scope of
                                                      Email at Rowena.Dufford@bsee.gov.                       CMS will also provide information for
                                                                                                                                                                    the information and evidence obtained,
                                                      SUPPLEMENTARY INFORMATION:                              BSEE management to make informed
                                                                                                                                                                    the identity of confidential sources,
                                                                                                              decisions on recommendations for                      witnesses, lead to the improper
                                                      Background                                              enforcement, civil penalties, and other               influencing of witnesses, the destruction
                                                         The Privacy Act of 1974, as amended,                 administrative actions.                               of evidence, or the fabrication of
                                                      5 U.S.C. 552a, governs the means by                        In this notice of proposed rulemaking,             testimony; and disclose investigative
                                                      which the U.S. Government collects,                     DOI is proposing to exempt portions of                techniques and procedures.
                                                      maintains, uses and disseminates                        the CMS system of records from certain                   3. 5 U.S.C. 552a(e)(1). This section
                                                      personally identifiable information. The                provisions of the Privacy Act pursuant                requires the agency to maintain
                                                      Privacy Act applies to records about                    to 5 U.S.C. 552a(k)(2) because of civil               information about an individual only to
                                                      individuals that are maintained in a                    and administrative law enforcement                    the extent that such information is
                                                      ‘‘system of records.’’ A system of                      requirements. Under 5 U.S.C. 552a(k)(2),              relevant or necessary. The application of
                                                      records is a group of any records under                 the head of a Federal agency may                      this provision could impair
                                                      the control of an agency from which                     promulgate rules to exempt a system of                investigations and civil or
                                                      information about an individual is                      records from certain provisions of 5                  administrative law enforcement,
                                                      retrieved by the name of the individual                 U.S.C. 552a if the system of records is               because it is not always possible to
                                                      or by some identifying number, symbol,                  ‘‘investigatory material complied for law             determine the relevance or necessity of
                                                      or other identifying particular assigned                enforcement purposes, other than                      specific information in the early stages
                                                      to the individual. See 5 U.S.C.                         material within the scope of subsection               of an investigation. Relevance and
                                                      552a(a)(4) and (5).                                     (j)(2).’’                                             necessity are often questions of
                                                         An individual may request access to                     Because this system of records                     judgment and timing, and it is only after
                                                      records containing information about                    contains investigative matters compiled               the information is evaluated that the
                                                      him or herself, 5 U.S.C. 552a(b), (c) and               for law enforcement purposes under the                relevance and necessity of such
                                                      (d). However, the Privacy Act authorizes                provisions of 5 U.S.C. 552a(k)(2), the                information can be established.
                                                      Federal agencies to exempt systems of                   Department of the Interior plans to                   Furthermore, during the course of the
                                                      records from access by individuals                      exempt portions of the CMS system of                  investigation, an investigator may obtain
                                                      under certain circumstances, such as                    records from one or more of the                       information concerning the violation of
                                                      where the access or disclosure of such                  following provisions: 5 U.S.C.                        laws outside the scope of the
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                                                      information would impede national                       552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and           investigator’s jurisdiction. BSEE
                                                      security or law enforcement efforts.                    (I), and (f). Where a release would not               investigators will refer information
                                                      Exemptions from Privacy Act provisions                  interfere with or adversely affect                    obtained outside of their civil or
                                                      must be established by regulation, 5                    investigations or enforcement activities,             administrative jurisdictions to the
                                                      U.S.C. 552a(k).                                         including but not limited to revealing                appropriate agency.
                                                         The Department of the Interior (DOI)                 sensitive information or compromising                    4. 5 U.S.C. 552a(e)(4)(I). This section
                                                      Bureau of Safety and Environmental                      confidential sources, the exemption may               requires an agency to provide public
                                                      Enforcement (BSEE) created the                          be waived on a case-by-case basis.                    notice of the categories of sources of
                                                      ‘‘Investigations Case Management                        Exemptions from these particular                      records in the system. The application


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                                                                            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules                                         67269

                                                      of this section could disclose                          investment, productivity, innovation, or              9. Paperwork Reduction Act
                                                      investigative techniques and procedures                 the ability of United States-based                       This rule does not require an
                                                      and cause sources to refrain from giving                enterprises to compete with foreign-                  information collection from 10 or more
                                                      such information because of fear of                     based enterprises.                                    parties and a submission under the
                                                      reprisal. This could compromise BSEE’s                                                                        Paperwork Reduction Act is not
                                                                                                              4. Unfunded Mandates Reform Act
                                                      ability to conduct investigations and to                                                                      required.
                                                      identify and detect violators.                             This rule does not impose an
                                                                                                              unfunded mandate on State, local, or                  10. National Environmental Policy Act
                                                      Procedural Requirements                                                                                       (NEPA) of 1969
                                                                                                              tribal governments in the aggregate, or
                                                      1. Regulatory Planning and Review                       on the private sector, of more than $100                 This rule does not constitute a major
                                                      (Executive Orders 12866 and 13563)                      million per year. The rule does not have              Federal Action significantly affecting
                                                         Executive Order 12866 provides that                  a significant or unique effect on State,              the quality of the human environment.
                                                      the Office of Information and Regulatory                local, or tribal governments or the                   A detailed statement under the National
                                                      Affairs in the Office of Management and                 private sector. This rule makes only                  Environmental Policy Act of 1969
                                                      Budget will review all significant rules.               minor changes to 43 CFR part 2. A                     (NEPA) is not required because the rule
                                                      The Office of Information and                           statement containing the information                  is covered by a categorical exclusion.
                                                      Regulatory Affairs has determined that                  required by the Unfunded Mandates                     This rule meets the criteria set forth in
                                                      this rule is not significant. Executive                 Reform Act (2 U.S.C. 1531 et seq.) is not             43 CFR 46.210(i), 516 Departmental
                                                      Order 13563 reaffirms the principles of                 required.                                             Manual 15.4C(1), and the BSEE Interim
                                                      E.O. 12866 while calling for                                                                                  NEPA Policy Document 2013–09, for a
                                                                                                              5. Takings (E.O. 12630)
                                                      improvements in the nation’s regulatory                                                                       categorical exclusion. The rule’s
                                                      system to promote predictability, to                       In accordance with Executive Order                 administrative effects are to exempt
                                                      reduce uncertainty, and to use the best,                12630, the rule does not have significant             CMS from certain provisions of the
                                                      most innovative, and least burdensome                   takings implications. The rule is not a               Privacy Act pursuant to 5 U.S.C.
                                                      tools for achieving regulatory ends. The                governmental action capable of                        552a(k)(2) because of civil and
                                                      executive order directs agencies to                     interference with constitutionally                    administrative law enforcement
                                                      consider regulatory approaches that                     protected property rights. This rule                  requirements and therefore would not
                                                      reduce burdens and maintain flexibility                 makes only minor changes to 43 CFR                    have any environmental impacts. BSEE
                                                      and freedom of choice for the public                    part 2. A takings implication assessment              also analyzed this proposed rule to
                                                      where these approaches are relevant,                    is not required.                                      determine if it involves any of the
                                                      feasible, and consistent with regulatory                                                                      extraordinary circumstances set forth in
                                                                                                              6. Federalism (E.O. 13132).                           43 CFR 46.215 that would require an
                                                      objectives. E.O. 13563 emphasizes
                                                      further that regulations must be based                     In accordance with Executive Order                 environmental assessment or an
                                                      on the best available science and that                  13132, this rule does not have any                    environmental impact statement for
                                                      the rulemaking process must allow for                   federalism implications to warrant the                actions otherwise eligible for a
                                                      public participation and an open                        preparation of a Federalism Assessment.               categorical exclusion. BSEE concluded
                                                      exchange of ideas. DOI developed this                   The rule is not associated with, nor will             that this rule does not meet any of the
                                                      rule in a manner consistent with these                  it have substantial direct effects on the             criteria for extraordinary circumstances.
                                                      requirements.                                           States, on the relationship between the               11. Data Quality Act
                                                                                                              national government and the States, or
                                                      2. Regulatory Flexibility Act                                                                                   In developing this rule, there was no
                                                                                                              on the distribution of power and
                                                         DOI certifies that this document will                responsibilities among the various                    need to conduct or use a study,
                                                      not have a significant economic effect                  levels of government. A Federalism                    experiment, or survey requiring peer
                                                      on a substantial number of small entities               Assessment is not required.                           review under the Data Quality Act (Pub.
                                                      under the Regulatory Flexibility Act (5                                                                       L. 106–554).
                                                      U.S.C. 601, et seq.). This rule does not                7. Civil Justice Reform (E.O. 12988)
                                                                                                                                                                    12. Effects on Energy Supply (E.O.
                                                      impose a requirement for small                             This rule complies with the                        13211)
                                                      businesses to report or keep records on                 requirements of Executive Order 12988.
                                                      any of the requirements contained in                    Specifically, this rule:                                 This rule is not a significant energy
                                                      this rule. The exemptions to the Privacy                                                                      action under the definition in Executive
                                                                                                                 (a) Does not unduly burden the
                                                      Act apply to individuals, and                                                                                 Order 13211, and it is not likely to have
                                                                                                              judicial system.
                                                      individuals are not covered entities                                                                          a significant adverse effect on the
                                                                                                                 (b) Meets the criteria of section 3(a)             supply, distribution, or use of energy. A
                                                      under the Regulatory Flexibility Act.
                                                                                                              requiring that all regulations be                     Statement of Energy Effects is not
                                                      3. Small Business Regulatory                            reviewed to eliminate errors and                      required.
                                                      Enforcement Fairness Act (SBREFA)                       ambiguity and be written to minimize
                                                         This rule is not a major rule under 5                litigation; and                                       13. Clarity of This Regulation
                                                      U.S.C. 804(2), the Small Business                          (c) Meets the criteria of section 3(b)(2)             We are required by Executive Order
                                                      Regulatory Enforcement Fairness Act.                    requiring that all regulations be written             12866 and 12988, the Plain Writing Act
                                                                                                              in clear language and contain clear legal             of 2010 (H.R. 946), and the Presidential
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      This rule:
                                                         (a) Does not have an annual effect on                standards.                                            Memorandum of June 1, 1998, to write
                                                      the economy of $100 million or more.                    8. Consultation With Indian Tribes (E.O.              all rules in plain language. This means
                                                         (b) Will not cause a major increase in               13175)                                                each rule we publish must:
                                                      costs or prices for consumers,                                                                                —Be logically organized;
                                                      individual industries, Federal, State, or                 In accordance with Executive Order                  —Use the active voice to address
                                                      local government agencies, or                           13175, the Department of the Interior                    readers directly;
                                                      geographic regions.                                     has evaluated this rule and determined                —Use clear language rather than jargon;
                                                         (c) Does not have significant adverse                that it would have no substantial effects             —Be divided into short sections and
                                                      effects on competition, employment,                     on federally recognized Indian Tribes.                   sentences; and


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                                                      67270                 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules

                                                      —Use lists and table wherever possible.                 Federal eRulemaking Portal (see                       as an endangered species. The Kenk’s
                                                                                                              ADDRESSES    below) must be received by               amphipod is a candidate species for
                                                      List of Subjects in 43 CFR Part 2
                                                                                                              11:59 p.m. Eastern Time on the closing                which we have on file sufficient
                                                        Administrative practice and                           date. We must receive requests for                    information on its biological
                                                      procedure, Confidential information,                    public hearings, in writing, at the                   vulnerability and threats to support
                                                      Courts, Freedom of Information Act,                     address shown in FOR FURTHER                          preparation of a listing proposal, but for
                                                      Privacy Act.                                            INFORMATION CONTACT by November 14,                   which development of a listing
                                                        Dated: September 7, 2016.                             2016.                                                 regulation has been precluded by other
                                                      Kristen J. Sarri,                                       ADDRESSES: You may submit comments                    higher priority listing activities. This
                                                      Principal Deputy Assistant Secretary for                by one of the following methods:                      proposed rule assesses the best available
                                                      Policy, Management and Budget.                             (1) Electronically: Go to the Federal              information and data regarding the
                                                        For the reasons stated in the                         eRulemaking Portal: http://                           status of and threats to the Kenk’s
                                                      preamble, the Department of the Interior                www.regulations.gov. In the Search box,               amphipod.
                                                      proposes to amend 43 CFR part 2 as                      enter FWS–R5–ES–2016–0030, which is                      The basis for our action. Under the
                                                      follows:                                                the docket number for this rulemaking.                Act, we can determine that a species is
                                                                                                              Then, in the Search panel on the left                 an endangered or threatened species
                                                      PART 2—FREEDOM OF INFORMATION                           side of the screen, under the Document                based on any of five factors: (A) The
                                                      ACT; RECORDS AND TESTIMONY                              Type heading, click on the Proposed                   present or threatened destruction,
                                                                                                              Rules link to locate this document. You               modification, or curtailment of its
                                                      ■ 1. The authority citation for part 2                  may submit a comment by clicking on                   habitat or range; (B) Overutilization for
                                                      continues to read as follows:                           ‘‘Comment Now!’’                                      commercial, recreational, scientific, or
                                                        Authority: 5 U.S.C. 301, 552, 552a, 553;                 (2) By hard copy: Submit by U.S. mail              educational purposes; (C) Disease or
                                                      31 U.S.C. 3717; 43 U.S.C. 1460, 1461.                   or hand-delivery to: Public Comments                  predation; (D) The inadequacy of
                                                      ■ 2. Amend § 2.254 to add paragraph                     Processing, Attn: FWS–R5–ES–2016–                     existing regulatory mechanisms; or (E)
                                                      (b)(18) to read as follows:                             0030; U.S. Fish and Wildlife Service                  Other natural or manmade factors
                                                                                                              Headquarters, MS: BPHC, 5275 Leesburg                 affecting its continued existence. We
                                                      § 2.254   Exemptions.                                   Pike, Falls Church, VA 22041–3803.                    have determined that the Kenk’s
                                                      *     *    *     *     *                                   We request that you send comments                  amphipod is in danger of extinction
                                                        (b) * * *                                             only by the methods described above.                  primarily due to poor water quality,
                                                        (18) Investigations Case Management                   We will post all comments on http://                  erosion, and sedimentation resulting
                                                      System (CMS), BSEE–01.                                  www.regulations.gov. This generally                   from urban runoff in Maryland and the
                                                      [FR Doc. 2016–23707 Filed 9–29–16; 8:45 am]             means that we will post any personal                  District of Columbia (Factor A) and the
                                                      BILLING CODE 4310–VH–P
                                                                                                              information you provide us (see Public                effects of small population dynamics
                                                                                                              Comments below for more information).                 (Factor E) at all known locations.
                                                                                                              FOR FURTHER INFORMATION CONTACT:                         We will seek peer review. We will seek
                                                      DEPARTMENT OF THE INTERIOR                              Genevieve LaRouche, Field Supervisor,                 comments from independent specialists
                                                                                                              U.S. Fish and Wildlife Service,                       to ensure that our determination is
                                                      Fish and Wildlife Service                               Chesapeake Bay Field Office, 177                      based on scientifically sound data,
                                                                                                              Admiral Cochrane Drive, Annapolis,                    assumptions, and analyses. We will
                                                      50 CFR Part 17                                          MD 21401, by telephone 410–573–4577                   invite these peer reviewers to comment
                                                      [Docket No. FWS–R5–ES–2016–0030;                        or by facsimile 410–269–0832. Persons                 on our listing proposal. Because we will
                                                      4500030113]                                             who use a telecommunications device                   consider all comments and information
                                                                                                              for the deaf (TDD) may call the Federal               received during the comment period,
                                                      RIN 1018–BB50                                           Information Relay Service (FIRS) at                   our final determination may differ from
                                                      Endangered and Threatened Wildlife                      800–877–8339.                                         this proposal.
                                                      and Plants; Endangered Species                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    Information Requested
                                                      Status for the Kenk’s Amphipod                          Executive Summary
                                                                                                                                                                    Public Comments
                                                      AGENCY:    Fish and Wildlife Service,                      Why we need to publish a rule. Under
                                                      Interior.                                               the Act, if a species is determined to be               We intend that any final action
                                                                                                              an endangered or threatened species                   resulting from this proposed rule will be
                                                      ACTION: Proposed rule.
                                                                                                              throughout all or a significant portion of            based on the best scientific and
                                                      SUMMARY:    We, the U.S. Fish and                       its range, we are required to promptly                commercial data available and be as
                                                      Wildlife Service (Service), propose to                  publish a proposal in the Federal                     accurate and as effective as possible.
                                                      list the Kenk’s amphipod (Stygobromus                   Register and make a determination on                  Therefore, we request comments or
                                                      kenki), a ground water species from the                 our proposal within 1 year. Critical                  information from the public, other
                                                      District of Columbia, Maryland, and                     habitat shall be designated, to the                   concerned governmental agencies,
                                                      Virginia, as an endangered species                      maximum extent prudent and                            Native American Tribes, the scientific
                                                      under the Endangered Species Act (Act).                 determinable, for any species                         community, industry, or any other
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      If we finalize this rule as proposed, it                determined to be an endangered or                     interested parties concerning this
                                                      would extend the Act’s protections to                   threatened species under the Act.                     proposed rule. We particularly seek
                                                      this species. The effect of this regulation             Listing a species as an endangered or                 comments concerning:
                                                      will be to add the species to the List of               threatened species and designating and                  (1) The Kenk’s amphipod’s biology,
                                                      Endangered and Threatened Wildlife.                     revising critical habitat can be                      range, and population trends, including:
                                                      DATES: We will accept comments                          completed only by issuing a rule.                       (a) Biological or ecological
                                                      received or postmarked on or before                        What this document does. This                      requirements of the species, including
                                                      November 29, 2016. Comments                             document proposes the listing of the                  habitat requirements for feeding,
                                                      submitted electronically using the                      Kenk’s amphipod (Stygobromus kenki)                   breeding, and sheltering;


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Document Created: 2018-02-09 13:34:12
Document Modified: 2018-02-09 13:34:12
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 November 29, 2016.
ContactRowena Dufford, Bureau of Safety and Environmental Enforcement Privacy Act Officer, 45600 Woodland Road, Mail Stop VAE-MSD, Sterling, VA 20166. Email at [email protected]
FR Citation81 FR 67267 
RIN Number1014-AA29
CFR AssociatedAdministrative Practice and Procedure; Confidential Information; Courts; Freedom of Information Act and Privacy Act

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