[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Rules and Regulations]
[Pages 49659-49660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20245]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 319
[Docket ID DOD-2011-OS-0087]
Privacy Act; Implementation
AGENCY: Defense Intelligence Agency, DoD.
ACTION: Direct final rule with request for comments.
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SUMMARY: The Defense Intelligence Agency (DIA) is adding a new
exemption rule for LDIA 0900, entitled ``Accounts Receivable,
Indebtedness and Claims'' to exempt those records that have been
previously claimed for the records in another Privacy Act system of
records. To the extent that copies of exempt records from those other
systems of records are entered into these case records, DIA hereby
claims the same exemptions for the records as claimed in the original
primary system of records of which they are a part. This direct final
rule makes nonsubstantive changes to the Defense Intelligence Agency
Program rules. These changes will allow the Department to exempt
records from certain portions of the Privacy Act. This will improve the
efficiency and effectiveness of DoD's program by preserving the exempt
status of the records when the purposes underlying the exemption for
the original records are still valid and necessary to protect the
contents of the records. This rule is being published as a direct final
rule as the Department of Defense does not expect to receive any
adverse comments, and so a proposed rule is unnecessary.
[[Page 49660]]
DATES: The rule will be effective on October 20, 2011 unless comments
are received that would result in a contrary determination. Comments
will be accepted on or before October 11, 2011.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket management System Office, 1160
Defense Pentagon, Room 3C843, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lowery at (202) 231-1193.
SUPPLEMENTARY INFORMATION:
Direct Final Rule and Significant Adverse Comments
DoD has determined this rulemaking meets the criteria for a direct
final rule because it involves nonsubstantive changes dealing with
DoD's management of its Privacy Progams. DoD expects no opposition to
the changes and no significant adverse comments. However, if DoD
receives a significant adverse comment, the Department will withdraw
this direct final rule by publishing a notice in the Federal Register.
A significant adverse comment is one that explains: (1) Why the direct
final rule is inappropriate, including challenges to the rule's
underlying premise or approach; or (2) why the direct final rule will
be ineffective or unacceptable without a change. In determining whether
a comment necessitates withdrawal of this direct final rule, DoD will
consider whether it warrants a substantive response in a notice and
comment process.
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been determined that Privacy Act rules for the Department of
Defense are not significant rules. The rules do not (1) Have an annual
effect on the economy of $100 million or more or adversely affect in a
material way the economy; a sector of the economy; productivity;
competition; jobs; the environment; public health or safety; or State,
local, or tribal governments or communities; (2) Create a serious
inconsistency or otherwise interfere with an action taken or planned by
another Agency; (3) Materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs, or the rights and
obligations of recipients thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in these Executive orders.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
It has been determined that Privacy Act rules for the Department of
Defense do not have significant economic impact on a substantial number
of small entities because they are concerned only with the
administration of Privacy Act systems of records within the Department
of Defense.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been determined that Privacy Act rules for the Department of
Defense impose no additional information collection requirements on the
public under the Paperwork Reduction Act of 1995.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been determined that the Privacy Act rulemaking for the
Department of Defense does not involve a Federal mandate that may
result in the expenditure by State, local and tribal governments, in
the aggregate, or by the private sector, of $100 million or more and
that such rulemaking will not significantly or uniquely affect small
governments.
Executive Order 13132, ``Federalism''
It has been determined that the Privacy Act rules for the
Department of Defense do not have federalism implications. The rules do
not 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.
List of Subjects in 32 CFR Part 319
Specific exemptions, Privacy.
Accordingly, 32 CFR part 319 is amended to read as follows:
PART 319--DEFENSE INTELLIGENCE AGENCY PRIVACY PROGRAM
0
1. The authority citation for 32 CFR part 319 continues to read as
follows:
Authority: Pub. L. 93-579, 5 U.S.C. 552a(f) and (k).
0
2. In Sec. 319.13, add paragraph (i) to read as follows:
Sec. 319.13 Specific exemptions.
* * * * *
(i) System identifier and name: LDIA 0900, Accounts Receivable,
Indebtedness and Claims.
(1) Exemption: During the course of accounts receivable,
indebtedness or claims actions, exempt materials from other systems of
records may in turn become part of the case record in this system. To
the extent that copies of exempt records from those ``other'' systems
of records are entered into this system, the DIA hereby claims the same
exemptions for the records from those ``other'' systems that are
entered into this system, as claimed for the original primary system of
which they are a part.
(2) Authority: 5 U.S.C. 552a(k)(2) through (k)(7).
(3) Reasons: Records are only exempt from pertinent provisions of 5
U.S.C. 552a to the extent such provisions have been identified and an
exemption claimed for the original record and the purposes underlying
the exemption for the original record still pertain to the record which
is now contained in this system of records. In general, the exemptions
were claimed in order to protect properly classified information
relating to national defense and foreign policy, to avoid interference
during the conduct of criminal, civil, or administrative actions or
investigations, to ensure protective services provided the President
and others are not compromised, to protect the identity of confidential
sources incident to Federal employment, military service, contract, and
security clearance determinations, to preserve the confidentiality and
integrity of Federal testing materials, and to safeguard evaluation
materials used for military promotions when furnished by a confidential
source. The exemption rule for the original records will identify the
specific reasons why the records are exempt from specific provisions of
5 U.S.C. 552a.
Dated: July 8, 2011.
Patricia L. Toppings,
OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 2011-20245 Filed 8-10-11; 8:45 am]
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