[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Rules and Regulations]
[Pages 56771-56772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22673]
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DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 701
[Docket ID USN-2012-0014]
Privacy Act; Implementation
AGENCY: Department of the Navy, DoD.
ACTION: Direct final rule with request for comments.
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SUMMARY: Department of the Navy is updating the Navy Privacy Act
Program by adding the (k)(2) exemption to accurately describe the basis
for exempting the records in the system of records notice N05800-2,
Professional Responsibility Files.
This direct final rule makes non-substantive changes to the
Department of the Navy's Program rules. This will improve the
efficiency and effectiveness of DoD's program by ensuring the integrity
of the security and investigative material compiled for law enforcement
purposes by the Department of the Navy and the Department of Defense.
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 56772]]
DATES: The rule will be effective on November 23, 2012 unless comments
are received that would result in a contrary determination. Comments
will be accepted on or before November 13, 2012.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 4800 Mark
Center Drive; East Tower, Suite 02G09, Alexandria, VA 22350-3100.
Instructions: All submissions received must include the agency name
and docket number 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. Robin Patterson at 202-685-6546.
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 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 Privacy Act rules for the Department of
Defense do 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 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 701
Privacy.
Accordingly, 32 CFR part 701 is amended as follows:
PART 701--AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND
PUBLICATION OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE
PUBLIC
0
1. The authority citation for 32 CFR part 701 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
Subpart G--Privacy Act Exemptions
0
2. In Sec. 701.128, add paragraph (x) to read as follows:
Sec. 701.128 Exemptions for specific Navy record systems.
* * * * *
(x) System identifier and name: N05800-2, Professional
Responsibility Files.
(1) Exemptions: Investigatory material compiled for law enforcement
purposes, may be exempt pursuant to 5 U.S.C. 552(k)(2). However, if an
individual is denied any right, privilege, or benefit for which he
would otherwise be entitled by Federal law or which he would otherwise
be eligible, as a result of maintenance of the information, the
individual will be provided access to the information except to the
extent that disclosure would reveal the identity of a confidential
source. Any portion of this record system which falls within the
provisions of 5 U.S.C. 552a(k)(2) may be exempt from the following
subsections of 5 U.S.C. 552a: (c)(3), (d)(1) through (5), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I).
(2) Authority: 5 U.S.C. 552a(k)(2).
(3) The reason for asserting this exemption (k)(2) is to ensure the
integrity of the litigation process.
Dated: September 11, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-22673 Filed 9-13-12; 8:45 am]
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