[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Rules and Regulations]
[Pages 69550-69551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27511]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 319
[Docket ID: DoD-2013-OS-0217]
Privacy Act; Implementation
AGENCY: Defense Intelligence Agency, DoD.
ACTION: Direct final rule with request for comments.
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SUMMARY: Defense Intelligence Agency (DIA) is updating the DIA Privacy
Act Program by adding the (k)(2) and (k)(5) exemptions to accurately
describe the basis for exempting the records in the system of records
notice LDIA 13-0001, Conflict Management Programs.
This direct final rule makes non-substantive changes to the Defense
Intelligence Agency Program rules. These changes will allow the
Department to add exemption rules to the DIA Privacy Program rules that
will exempt applicable Department records and/or material from certain
portions of the Privacy Act. This will improve the efficiency and
effectiveness of DoD's program by ensuring the integrity of the
security and counterintelligence records by the Defense Intelligence
Agency 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.
DATES: The rule will be effective on January 29, 2014 unless adverse
comment is received by January 21, 2014. If adverse comment is
received, Department of Defense will publish a timely withdrawal of the
rule in the Federal Register.
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, 2nd Floor, 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. Theresa Lowery at Defense
Intelligence Agency, DAN 1-C, 600 MacDill Blvd., Washington, DC 20340-
0001 or by phone 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 non-substantive 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 this rule is not a significant rule.
This rule does 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.
[[Page 69551]]
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
This rule will not have significant economic impact on a
substantial number of small entities because it is concerned only with
the administration of Privacy Act systems of records within the
Department of Defense. A Regulatory Flexibility Analysis is not
required.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
This rule does not contain any information collection requirements
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
These amendments 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''
These amendments 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. Therefore, no Federalism assessment is
required.
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, 88 Stat. 1896 (5 U.S.C. 552a).
0
2. Section 319.13 is amended by adding paragraph (d) to read as
follows:
Sec. 319.13 Specific exemptions.
* * * * *
(d) System identifier and name: LDIA 13-0001, Conflict Management
Programs.
(1) Exemptions: Any portion of this record system which falls
within the provisions of 5 U.S.C. 552a(k)(2) and (k)(5) may be exempt
from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I)
(2) Authority: 5 U.S.C. 552a (k)(2) and (k)(5)
(3) Reasons: Claiming these exemptions ensures the integrity of the
conflict management process. The execution requires that information be
provided in a free and open manner without fear of retribution or
harassment in order to facilitate a just, thorough, and timely
resolution of the complaint or inquiry. Disclosures from this system
can enable individuals to conceal their wrongdoing or mislead the
course of the investigation by concealing, destroying, or fabricating
evidence or documents. In addition, disclosures can subject sources and
witnesses to harassment or intimidation which may cause individuals to
not seek redress for wrongs through available channels for fear of
retribution or harassment.
Dated: November 12, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-27511 Filed 11-19-13; 8:45 am]
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