[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Rules and Regulations]
[Pages 52767-52769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18822]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 505
[USA-2016-HQ-0030]
Army Privacy Program
AGENCY: Department of the Army, DoD.
ACTION: Direct final rule.
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SUMMARY: The Department of the Army is amending the Army Privacy
Program Regulation. Specifically, Army is adding exemption rules for
Army system of records ``A0600-20 SAMR, Soldiers Equal Opportunity
Investigative Files''. This rule provides policies and procedures for
the Army's implementation of the Privacy Act of 1974, as amended. This
direct final rule makes changes to the Department of the Army's Privacy
Program rule. These changes will allow the Department to exempt records
from certain portions of the Privacy Act. This will improve the
efficiency and effectiveness of the Department of Defense's (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.
DATES: The rule will be effective October 19, 2016 unless comments are
received that would result in a contrary determination. Comments will
be accepted on or before October 11, 2016.
ADDRESSES: You may submit comments, identified by docket number and/or
RIN number and title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Department of Defense, Office of the Deputy Chief
Management Officer, Directorate for Oversight and Compliance, 4800 Mark
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
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. Tracy C. Rogers, Chief, FOIA/PA,
telephone: 703-428-7499.
[[Page 52768]]
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.
This regulatory action imposes no monetary costs to the Agency or
public. The benefit to the public is the accurate reflection of the
Agency's Privacy Program to ensure that policies and procedures are
known to the public.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. It has been determined this Privacy Act 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.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
It has been determined that this Privacy Act rule for the DoD does
not have significant economic impact on a substantial number of small
entities because it is concerned only with the administration of
Privacy Act within the DoD.
Public Law 95-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been determined that this Privacy Act rule for the DoD
imposes no 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 this Privacy Act rulemaking for the DoD
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 rule for the Department
of Defense does not have federalism implications. The rule does 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 505
Privacy.
Accordingly 32 CFR part 505 is amended as follows:
PART 505--ARMY PRIVACY ACT PROGRAM
0
1. The authority citation for 32 CFR part 505 continues to read as
follows:
Authority: Public Law 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
0
2. Amend appendix D to part 505 by adding paragraph (g)(35) to read as
follows:
Appendix D to Part 505--Exemptions, Exceptions, and DoD Blanket Routine
Uses
* * * * *
(g) * * *
(35) System identifier: A0600-20 SAMR.
(i) System name: Soldiers Equal Opportunity Investigative Files.
(ii) Exemptions: Investigatory material compiled for law
enforcement purposes, other than material within the scope of
subsection 5 U.S.C. 552a(j)(2), is exempt pursuant to 5 U.S.C.
552a(k)(2). However, if an individual is denied any right,
privilege, or benefit for which he would otherwise be entitled by
Federal law or for which he would otherwise be eligible, as a result
of the maintenance of such information, such material shall be
provided to the individual, except to the extent that disclosure
would reveal the identity of a confidential source. Therefore,
portions of this system of records may be exempt pursuant to 5
U.S.C. 552a(k)(2) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
(iii) Authority: 5 U.S.C. 552a(k)(2).
(iv) Reasons: (A) From subsection (c)(3) because the release of
the disclosure accounting would permit the subject of a criminal
investigation or other investigation conducted for law enforcement
purposes to obtain valuable information concerning the nature of
that investigation which will present a serious impediment to law
enforcement.
(B) From subsection (d) because access to such records contained
in this system would inform the subject of a criminal investigation
or other investigation conducted for law enforcement purposes, of
the existence of that investigation, provide the subject of the
investigation with information that might enable him to avoid
detection or apprehension, and would present a serious impediment to
law enforcement.
(C) From subsection (e)(1) because in the course of criminal
investigations or other law enforcement investigations, information
is often obtained concerning the violations of laws or civil
obligations of others not relating to an active case or matter. In
the interests of effective law enforcement, it is necessary that
this valuable information is retained because it can aid in
establishing patterns of activity and provide valuable leads for
other agencies and future cases that may be brought.
(D) From subsections (e)(4)(G) and (e)(4)(H) because the
requirements in those subsections are inapplicable to the extent
that portions of this system of records may be exempted from
subsection (d), concerning individual access.
(E) From subsection (e)(4)(I) because the identity of specific
sources must be withheld to protect the confidentiality of the
sources of criminal and other law enforcement information. This
exemption is further necessary to protect the privacy and physical
safety of witnesses and informants.
(F) From subsection (f) because portions of this system of
records have been exempted from the access provisions of subsection
(d).
(G) For records that are copies of exempt records from external
systems of records, such 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
[[Page 52769]]
and the purposes underlying the exemption for the original record
still pertain to the record that is now contained in this system of
records. In general, the exemptions were claimed to properly protect
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 to the President and others are not compromised;
to protect records used solely as statistical records; 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 provided by a confidential source. The exemption
rule for the original records will identify the specific reasons the
records are exempt from specific provisions of 5 U.S.C. 552a.
* * * * *
Dated: August 4, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-18822 Filed 8-9-16; 8:45 am]
BILLING CODE 5001-06-P