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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations
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. 8042, 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 foreignbased 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.

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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
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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 3a requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and c Meets the criteria of section 3b2
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, DOI 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 for 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.
We have determined the rule is categorically excluded under 43 CFR
46.210i because it is administrative, legal, and technical in nature. We also have determined the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215
that would require further analysis under NEPA.
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. 106554, section 515.
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

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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 Pub. L. 111274, 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 tables wherever possible.
List of Subjects in 43 CFR Part 2
Administrative practice and procedure, Confidential information, Courts, Freedom of Information Act, Privacy Act.
For the reasons stated in the preamble, the Department of the Interior amends 43 CFR part 2 as follows:
PART 2FREEDOM OF INFORMATION
ACT; RECORDS AND TESTIMONY
1. The authority citation for part 2
continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 553; 31
U.S.C. 3717; 43 U.S.C. 1460, 1461.

2. Revise 2.254 to read as follows:

2.254

Exemptions.

a Criminal law enforcement records exempt under 5 U.S.C. 552aj2.
Pursuant to 5 U.S.C. 552aj2 the following systems of records are exempted from all of the provisions of 5 U.S.C. 552a and the regulations in this subpart except paragraphs b, c1 and 2, e4A through F, e6, 7, 9, 10, 11, and 12, and i of 5 U.S.C.
552a and the portions of the regulations in this subpart implementing these paragraphs:
1 INTERIOR/FWS20, Investigative Case File System.
2 INTERIOR/BIA18, Law Enforcement Services System.
3 INTERIOR/NPS19, Law Enforcement Statistical Reporting System.
4 INTERIOR/OIG02, Investigative Records.
5 INTERIOR/DOI10, Incident Management, Analysis and Reporting System.
6 INTERIOR/DOI50, Insider Threat Program.
b Reserved c Law enforcement records exempt under 5 U.S.C. 552ak2. Pursuant to 5

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