[Federal Register Volume 64, Number 200 (Monday, October 18, 1999)]
[Proposed Rules]
[Page 56181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27069]



[[Page 56181]]

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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 806b

[Air Force Instruction 37-132]


Air Force Privacy Act Program

AGENCY: Department of the Air Force, DOD.
ACTION: Proposed rule.

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SUMMARY: The Department of the Air Force is proposing to add an 
exemption rule for a system of records notice F036 AF DP G, entitled 
`Equal Opportunity and Treatment'. The exemption is intended to 
increase the value of the system of records for law enforcement 
purposes, to comply with prohibitions against the disclosure of certain 
kinds of information, and to protect the privacy of individuals 
identified in the system of records.
DATES: Comments must be received on or before December 17, 1999, to be 
considered by this agency.
ADDRESSES: Send comments to the Air Force Access Programs Manager, 
Headquarters, Air Force Communications and Information Center/ITC, 1250 
Air Force Pentagon, Washington, DC 203301250.
FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 5886187.
SUPPLEMENTARY INFORMATION: 
Executive Order 12866, `Regulatory Planning and Review'
    It has been determined that 32 CFR part 321 is not a significant 
regulatory action. The rule does not:
    (1) Have an annual effect to the economy of $100 million or more; 
or adversely affect in a material way the economy; a section 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;
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.
Public Law 96-354, `Regulatory Flexibility Act' (5 U.S.C. 601) 
    It has been certified that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.
Public Law 96-511, `Paperwork Reduction Act' (44 U.S.C. Chapter 35) 
    It has been certified that this part does not impose any reporting 
or record keeping requirements under the Paperwork Reduction Act of 
1995.

List of subjects in 32 CFR part 806b

    Privacy.
    Accordingly, 32 CFR part 806b is amended to read as follows:

PART 806b--AIR FORCE PRIVACY ACT PROGRAM

    1. The authority citation for 32 CFR Part 806b continues to read as 
follows:
    Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).
    2. Appendix C to Part 806b is proposed to be amended by adding 
paragraph (b)(21) as follows:
* * * * *
    b. Specific exemptions.* * *
    (21) System identifier and name: F036 AF DP G, Military Equal 
Opportunity and Treatment.
    (i)Exemption: Investigatory material compiled for law enforcement 
purposes may be 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 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. Portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(d), (e)(4)(H), and (f).
    (iii)Authority: 5 U.S.C. 552a(k)(2)
    (iv)Reasons: (1) From subsection (d) because access to the records 
contained in this system would inform the subject of an investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection, and would present a serious impediment to law enforcement. 
In addition, granting individuals access to information collected while 
an Equal Opportunity and Treatment clarification/investigation is in 
progress conflicts with the just, thorough, and timely completion of 
the complaint, and could possibly enable individuals to interfere, 
obstruct, or mislead those clarifying/investigating the complaint.
    (2) From subsection (e)(4)(H) because this system of records is 
exempt from individual access pursuant to subsection (k) of the Privacy 
Act of 1974.
    (3) From subsection (f) because this system of records has been 
exempted from the access provisions of subsection (d).
    (4) Consistent with the legislative purpose of the Privacy Act of 
1974, the Department of the Air Force will grant access to nonexempt 
material in the records being maintained. Disclosure will be governed 
by the Department of the Air Force s Privacy Instruction, but will be 
limited to the extent that the identityof confidential sources will not 
be compromised; subjects of an investigation of an actual or potential 
violation will not be alerted to the investigation; the physical safety 
of witnesses, informants and law enforcement personnel will not be 
endangered, the privacy of third parties will not be violated; and that 
the disclosure would not otherwise impede effective law enforcement. 
Whenever possible, information of the above nature will be deleted from 
the requested documents and the balance made available. The controlling 
principle behind this limited access is to allow disclosures except 
those indicated above. The decisions to release information from this 
system will be made on a case-by-case basis.
    Dated: October 8, 1999.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 99-27069 Filed 10-15-99; 8:45 am]
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