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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules
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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.

the investigative jurisdiction of another agency. Such information cannot readily be segregated. Furthermore, during the course of the investigation, an investigator may obtain information concerning the violation of laws outside the scope of the investigators jurisdiction. In the interest of effective law enforcement, DOI investigators should retain this information, since it can aid in establishing patterns of criminal activity and can provide valuable leads for other law enforcement agencies.
4. 5 U.S.C. 552ae4I. This section requires an agency to provide public notice of the categories of sources of records in the system. The application of this section could disclose investigative techniques and procedures and cause sources to refrain from giving such information because of fear of reprisal, or fear of breach of promises of anonymity and confidentiality. This could compromise DOIs ability to conduct investigations and to identify, detect and apprehend violators.

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.

Procedural Requirements
4. Unfunded Mandates Reform Act
10. National Environmental Policy Act
1. Regulatory Planning and Review E.O.
12866 and E.O. 13563

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.

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.

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 Executive Order 12866
while calling for improvements in the nations regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements.
2. Regulatory Flexibility Act The Department of the Interior certifies that this document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601, et seq.. This rule does not
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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.

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:

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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.

11. Effects on Energy Supply E.O.
13211
This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required.
12. 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 table wherever possible.

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