[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Rules and Regulations]
[Pages 56771-56772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22673]



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.


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.


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


    Accordingly, 32 CFR part 701 is amended as follows:


1. The authority citation for 32 CFR part 701 continues to read as 

    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).

Subpart G--Privacy Act Exemptions

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]