[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Rules and Regulations]
[Pages 15594-15595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6175]



Office of the Secretary

[Docket ID DoD-2012-OS-0030]

32 CFR Part 319

Privacy Act; Implementation

AGENCY: Defense Intelligence Agency, DoD.

ACTION: Direct final rule with request for comments.


SUMMARY: The Defense Intelligence Agency is deleting an exemption rule 
for LDIA 0800, ``Operation Record System'' 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 10-0002, 
``Foreign Intelligence and Counterintelligence Operation Records'' 
(June 15, 2010, 75 FR 33791). 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 

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-
    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.


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 

[[Page 15595]]

management of its Privacy Progams. 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 

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 

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


    Accordingly, 32 CFR 319 is amended as follows:


1. The authority citation for 32 CFR part 319 continues to read as 

    Authority: Pub. L. 93-579, 5 U.S.C. 552a(f) and (k).

Sec.  319.13  [Amended]

2. In Sec.  319.13 remove and reserve paragraph (f).

    Dated: February 28, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-6175 Filed 3-15-12; 8:45 am]