Sorn Doi-10 (79 Fr 51916)

51916

Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations

required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. section 804(2). This
rule is effective on October 2, 2014.
L. Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 3,
2014. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposed of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental Relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 11, 2014.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2014–20691 Filed 8–29–14; 8:45 am]
BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[XXXD4523WT DWT000000.000000
DS65101000]
RIN 1090–AB02

Privacy Act Regulations; Exemption
for the Incident Management, Analysis
and Reporting System
Office of the Secretary, Interior.
Final rule.

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AGENCY:
ACTION:

The Department of the
Interior is issuing a final rule to amend
its regulations to exempt certain records
in the Incident Management, Analysis
and Reporting System from one or more
provisions of the Privacy Act because of

SUMMARY:

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16:13 Aug 29, 2014

Jkt 232001

criminal, civil, and administrative law
enforcement requirements.
DATES: This final rule is effective
October 2, 2014.
FOR FURTHER INFORMATION CONTACT: Teri
Barnett, Departmental Privacy Act
Officer, U.S. Department of the Interior,
1849 C Street NW., Mail Stop 5547 MIB,
Washington, DC 20240. Email at
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Department of the Interior (DOI)
published a notice of proposed
rulemaking in the Federal Register, 78
FR 46555, August 1, 2013, proposing to
exempt certain records in the Incident
Management, Analysis and Reporting
System (IMARS) from 5 U.S.C. 552a(j)(2)
and (k)(2) of the Privacy Act because of
criminal, civil, and administrative law
enforcement requirements. The IMARS
system of records notice was published
in the Federal Register, 78 FR 45949,
July 30, 2013, and an amended notice
was published on June 3, 2014, 79 FR
31974. Comments were invited on both
the IMARS system of records notice and
the amended system of records, and the
notice of proposed rulemaking. DOI
received no comments on the notice of
proposed rulemaking or published
system of records notices and will
therefore implement the rulemaking as
proposed.

this rule in a manner consistent with
these requirements.
2. Regulatory Flexibility Act
The Department of the Interior
certifies that this document will not
have a significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601, et seq.). This rule does not
impose a requirement for small
businesses to report or keep records on
any of the requirements contained in
this rule. The exemptions to the Privacy
Act apply to individuals, not to entities
covered under the Regulatory Flexibility
Act.
3. Small Business Regulatory
Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
enterprises to compete with foreignbased enterprises.

Procedural Requirements

4. Unfunded Mandates Reform Act

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

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.

Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget will review all significant rules.
The Office of Information and
Regulatory Affairs has determined that
this rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed

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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

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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations
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.
This rule complies with the
requirements of Executive Order 12988.
Specifically, this rule:
(a) Does not unduly burden the
judicial system.
(b) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(c) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
8. Consultation With Indian Tribes (E.O.
13175)
In accordance with Executive Order
13175, the Department of the Interior
has evaluated this rule and determined
that it would have no substantial effects
on federally recognized Indian Tribes.
9. Paperwork Reduction Act
This rule does not require an
information collection from 10 or more
parties and a submission under the
Paperwork Reduction Act is not
required.
10. National Environmental Policy Act
This rule does not constitute a major
Federal action and would not have a
significant effect on the quality of the
human environment. Therefore, this
rule does not require the preparation of
an environmental assessment or
environmental impact statement under
the requirements of the National
Environmental Policy Act of 1969.
11. Effects on Energy Supply (E.O.
13211)

List of Subjects in 43 CFR Part 2

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§ 2.254

Exemptions.

(a) Criminal law enforcement records
exempt under 5 U.S.C. 552a(j)(2).
Pursuant to 5 U.S.C. 552a(j)(2) the
following systems of records have been
exempted from all of the provisions of
5 U.S.C. 552a and the regulations in the
subpart except paragraphs (b), (c)(1) and
(2), (e)(4)(A) through (F), (e)(6), (7), (9),
(10), and (11), and (i) of 5 U.S.C. 552a
and the portions of the regulations in
this subpart implementing these
paragraphs:
*
*
*
*
*
(5) Incident Management, Analysis
and Reporting System, DOI–10.
(b) Law enforcement records exempt
under 5 U.S.C. 552a(k)(2). Pursuant to 5
U.S.C. 552a(k)(2), the following systems
of records have been exempted from
paragraphs (c)(3), (d), (e)(1), (e)(4) (G),
(H), and (I), and (f) of 5 U.S.C. 552a and
the provisions of the regulations in this
subpart implementing these paragraphs:
*
*
*
*
*
(15) Incident Management, Analysis
and Reporting System, DOI–10.
*
*
*
*
*
[FR Doc. 2014–20744 Filed 8–29–14; 8:45 am]
BILLING CODE 4310–RK–P

DEPARTMENT OF COMMERCE

50 CFR Part 648
[Docket No. 140106011–4338–02]
RIN 0648–XD474

Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trimester Closure for the
Common Pool Fishery

Administrative practice and
procedure, Classified information,
Courts, Freedom of information,
Government employees, Privacy.
Dated: August 21, 2014.
Rhea Suh,
Assistant Secretary for Policy, Management
and Budget.

For the reasons stated in the
preamble, the Department of the Interior
amends 43 CFR Part 2 as follows:

Jkt 232001

2. In § 2.254, revise paragraph (a)
introductory text, add paragraph (a)(5)
revise paragraph (b) introductory text,
and add paragraph (b)(15) to read as
follows:

■

National Oceanic and Atmospheric
Administration

This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects is not required.

16:13 Aug 29, 2014

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.

7. Civil Justice Reform (E.O. 12988)

VerDate Mar<15>2010

PART 2—FREEDOM OF INFORMATION
ACT; RECORDS AND TESTIMONY

National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; area closure.
AGENCY:

This action closes the
Southern New England/Mid-Atlantic

SUMMARY:

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51917

yellowtail flounder Trimester Total
Allowable Catch Area for the remainder
of Trimester 1, through August 31, 2014.
Based on our projection, the common
pool fishery has caught over 90 percent
of its Southern New England/MidAtlantic yellowtail flounder Trimester 1
total allowable catch, triggering the
regulatory requirement to close the area
for the remainder of the trimester. This
action is intended to prevent further
overages of the common pool’s annual
quota of Southern New England/MidAtlantic yellowtail flounder.
DATES: This action is effective August
27, 2014, through August 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Brett Alger, Fishery Management
Specialist, 978–675–2153.
SUPPLEMENTARY INFORMATION: Federal
regulations at § 648.82(n)(2)(ii) require
the Regional Administrator to close a
common pool Trimester Total
Allowable Catch (TAC) Area for a stock
when 90 percent of the Trimester TAC
is projected to be caught. In such cases,
the Trimester TAC Area for a stock
closes to all common pool vessels
fishing with gear capable of catching
that stock for the remainder of the
trimester. The fishing year 2014 (May 1,
2014, through April 30, 2015) common
pool sub-annual catch limit (sub-ACL)
for Southern New England/Mid-Atlantic
(SNE/MA) yellowtail flounder is 95.0 mt
and the Trimester 1 (May 1, 2014,
through August 31, 2014) TAC is 19.9
mt. Based on the most recent data and
information, which include vessel trip
reports, dealer-reported landings, and
vessel monitoring system (VMS)
information, we have determined that
150 percent of the Trimester 1 TAC was
caught as of August 20, 2014. Because
of the low trimester catch limit and the
rate at which common pool vessels can
harvest SNE/MA yellowtail flounder, it
was not possible to initiate this action
any earlier than this. Therefore, effective
August 27, 2014, the SNE/MA
Yellowtail Flounder Trimester TAC
Area is closed for the remainder of
Trimester 1, through August 31, 2014, to
all common pool vessels fishing with
trawl gear and sink gillnet gear.
Effective August 27, 2014, it is unlawful
for common pool vessels to fish for,
harvest, possess, or land regulated
species or ocean pout in or from the
SNE/MA Yellowtail Flounder Trimester
TAC Area. The SNE/MA Yellowtail
Flounder Trimester TAC Area includes
statistical areas 537, 538, 539, and 613.
This restriction does not apply to the
groundfish trip of a common pool vessel
that crossed the VMS demarcation line
before August 27, 2014, therefore, if you
have crossed the VMS demarcation line

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