[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Rules and Regulations]
[Pages 15591-15592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6174]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DOD-2012-OS-0034]
32 CFR Part 319
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 is deleting an exemption rule
for LDIA 0275, ``DoD Hotline Referrals'' in its entirety. This direct
final rule makes nonsubstantive changes to the Defense Intelligence
Agency Privacy Program rules. These changes will allow the Department
to transfer these records to another system of records, LDIA 0271.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 are 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.
DATES: The rule is effective on May 25, 2012 unless comments are
received that would result in a contrary determination. Comments will
be accepted on or before May 15, 2012. If DoD receives a significant
adverse comment, the Department will publish a withdrawal of this
direct final rule in the Federal Register.
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, 4800 Mark
Center Drive, 2nd Floor, East Tower, Suite 02G09, Alexandria, VA 22350-
3100.
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 Programs. DoD expects no opposition to
the changes and no significant adverse comments. However, if DoD
receives a significant adverse comment, the Department will publish a
withdrawal of this direct final rule 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.
[[Page 15592]]
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
Privacy.
Accordingly, 32 CFR part 319 is amended 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).
Sec. 319.13 [Amended]
0
2. In Sec. 319.13, remove and reserve paragraph (d).
Dated: February 28, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-6174 Filed 3-15-12; 8:45 am]
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