Privacy Act; Implementation, 55787-55789 [E9-26031]
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Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations
DEPARTMENT OF DEFENSE
Department of the Air Force
[Docket ID: USAF–2009–0019]
32 CFR Part 806b
Privacy Act; Implementation
AGENCY:
Department of the Air Force,
DoD.
ACTION: Final rule with request for
comments.
SUMMARY: The Department of the Air
Force is updating the Department of the
Air Force Privacy Act Program Rules, 32
CFR part 806b, by adding the (k)(5)
exemption to accurately describe the
basis for exempting the records. The
Privacy Act system of records notice,
F036 AETC X, entitled ‘‘College
Scholarship Program’’, was published
on July 7, 2008 (73 FR 38411). The same
notice was amended on August 22, 2008
(73 FR 49659) requesting a System ID
change.
The rule will be effective on
December 28, 2009 unless comments are
received that would result in a contrary
determination. Comments will be
accepted on or before December 28,
2009.
DATES:
You may submit comments,
identified by docket number and title,
by any of the following methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Room 3C843, Washington, DC 20301–
1160.
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
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Mr.
dcolon on DSK2BSOYB1PROD with RULES
Ben Swilley at (703) 696–6648.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ‘‘Regulatory
Planning and 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
VerDate Nov<24>2008
14:45 Oct 28, 2009
Jkt 220001
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 this Executive order.
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 information requirements
beyond the Department of Defense and
that the information collected within
the Department of Defense is necessary
and consistent with 5 U.S.C. 552a,
known as the Privacy Act of 1974.
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.
55787
Authority: Public Law 93–579, 88 Stat.
1896 (5 U.S.C. 552a).
2. Paragraph (e) of Appendix D to 32
CFR part 806b is amended by adding
paragraph (24) to read as follows:
■
Appendix D to Part 806b—General and
Specific Exemptions
*
*
*
*
*
(24) System identifier and name: F036
AETC X, College Scholarship Program.
(i) Exemption: Investigatory material
compiled solely for the purpose of
determining suitability * * * the identity of
a confidential source. Therefore, portions of
this system may be exempt pursuant to 5
U.S.C. 552a(k)(5) from the following
subsections of 5 U.S.C. 552a(c)(3), (d), and
(e)(1).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reasons: (A) From subsection (c)(3)
and (d) and when access to accounting
disclosures and access to or amendment of
records would cause the identity of a
confidential sources to be revealed.
Disclosure of the source’s identity not only
will result in the Department breaching the
promise of confidentiality made to the source
but it will impair the Department’s future
ability to compile investigatory material for
the purpose of determining suitability,
eligibility, or qualifications for Federal
civilian employment, Federal contracts, or
access to classified information. Unless
sources can be assured that a promise of
confidentiality will be honored, they will be
less likely to provide information considered
essential to the Department in making the
required determinations.
(B) From (e)(1) because in the collection of
information for investigatory purposes, it is
not always possible to determine the
relevance and necessity of particular
information in the early stages of the
investigation. In some cases, it is only after
the information is evaluated in light of other
information that its relevance and necessity
becomes clear. Such information permits
more informed decision-making by the
Department when making required
suitability, eligibility, and qualification
determinations.
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 806b
Privacy.
■ Accordingly, 32 CFR part 806b is
amended as follows:
Department of the Air Force
PART 806b—PRIVACY ACT PROGRAM
Privacy Act; Implementation
1. The authority citation for 32 CFR
part 806b continues to read as follows:
DoD.
■
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
*
*
*
*
Dated: October 7, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–26036 Filed 10–28–09; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
[Docket ID: USAF–2009–0011]
32 CFR Part 806b
AGENCY:
E:\FR\FM\29OCR1.SGM
Department of the Air Force,
29OCR1
55788
Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations
ACTION: Final rule with request for
comments.
President’s priorities, or the principles
set forth in this Executive order.
The Department of Air Force
is updating the Department of Air Force
Privacy Act Program Rules, 32 CFR part
806b, by adding the (k)(2) exemption to
accurately describe the basis for
exempting the records. The Privacy Act
system of records notice, F033 USSC A,
entitled ‘‘Information Technology and
Control Records’’, has already been
published on March 3, 2008 (73 FR
11400).
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.
SUMMARY:
The rule will be effective on
December 28, 2009 unless comments are
received that would result in a contrary
determination. Comments will be
accepted on or before December 28,
2009.
DATES:
You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
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
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: Mr.
Kenneth Brodie at (703) 696–7557.
SUPPLEMENTARY INFORMATION:
dcolon on DSK2BSOYB1PROD with RULES
Executive Order 12866, ‘‘Regulatory
Planning and 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
VerDate Nov<24>2008
14:45 Oct 28, 2009
Jkt 220001
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 information requirements
beyond the Department of Defense and
that the information collected within
the Department of Defense is necessary
and consistent with 5 U.S.C. 552a,
known as the Privacy Act of 1974.
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 806b
Privacy.
■ Accordingly, 32 CFR part 806b is
amended as follows:
PART 806b—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. Paragraph (e) of Appendix D to 32
CFR part 806b is amended by adding
paragraph (23) to read as follows:
■
Appendix D to Part 806b—General and
Specific Exemptions
*
*
*
*
*
(23) System identifier and name F033
USSC A, Information Technology and
Control Records.
(i) Exemption: Investigatory material
compiled for law enforcement purposes,
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
other than material within the scope of
subsection 5 U.S.C. 552a(j)(2), 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, 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. Note: When claimed,
this exemption allows limited protection of
investigative reports maintained in a system
of records used in personnel or
administrative actions. Any portion of this
system of records 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), (e)(1), (e)(4)(G), (H),
and (I), and (f).
(ii) Authority: 5 U.S.C. 552a(k)(2).
(iii) Reasons: (A) From subsection (c)(3)
because to grant access to the accounting for
each disclosure as required by the Privacy
Act, including the date, nature, and purpose
of each disclosure and the identity of the
recipient, could alert the subject to the
existence of the investigation. This could
seriously compromise case preparation by
prematurely revealing its existence and
nature; compromise or interfere with
witnesses or make witnesses reluctant to
cooperate; and lead to suppression,
alteration, or destruction of evidence.
(B) From subsections (d) and (f) because
providing access to investigative records and
the right to contest the contents of those
records and force changes to be made to the
information contained therein would
seriously interfere with and thwart the
orderly and unbiased conduct of the
investigation and impede case preparation.
Providing access rights normally afforded
under the Privacy Act would provide the
subject with valuable information that would
allow interference with or compromise of
witnesses or render witnesses reluctant to
cooperate; lead to suppression, alteration, or
destruction of evidence; enable individuals
to conceal their wrongdoing or mislead the
course of the investigation; and result in the
secreting of or other disposition of assets that
would make them difficult or impossible to
reach in order to satisfy any Government
claim growing out of the investigation or
proceeding.
(C) From subsection (e)(1) because it is not
always possible to detect the relevance or
necessity of each piece of information in the
early stages of an investigation. In some
cases, it is only after the information is
evaluated in light of other evidence that its
relevance and necessity will be clear.
(D) From subsections (e)(4)(G) and (H)
because this system of records is compiled
for investigative purposes and is exempt from
the access provisions of subsections (d) and
(f).
(E) From subsection (e)(4)(I) because to the
extent that this provision is construed to
require more detailed disclosure than the
broad, generic information currently
published in the system notice, an exemption
from this provision is necessary to protect the
confidentiality of sources of information and
E:\FR\FM\29OCR1.SGM
29OCR1
Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations
to protect privacy and physical safety of
witnesses and informants.
*
*
*
*
*
Dated: October 7, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–26031 Filed 10–28–09; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–8093]
Suspension of Community Eligibility
for Failure To Enforce
dcolon on DSK2BSOYB1PROD with RULES
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
SUMMARY: FEMA is suspending one
community because of its failure to
enforce its floodplain management
regulations under the National Flood
Insurance Program (NFIP). If
documentation is received from the
community before the effective
suspension date, indicating it has
brought its floodplain management
program into compliance with the NFIP
requirements, FEMA will withdraw the
suspension by publication in the
Federal Register on a subsequent date.
DATES: Effective Dates: The effective
date of the community’s scheduled
suspension is the date listed in the
fourth column of the following table.
FOR FURTHER INFORMATION CONTACT:
David Stearrett, Mitigation Directorate,
1800 South Bell Street, Arlington, VA
20598–3072, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The
National Flood Insurance Program
(NFIP) enables property owners to
purchase flood insurance that is
generally not otherwise available. In
return, communities agree to adopt and
implement local floodplain management
regulations that contribute to protecting
lives and reducing the risk of property
damage from future flooding. Section
1315 of the National Flood Insurance
Act of 1968, as amended (42 U.S.C.
4022), prohibits flood insurance
coverage authorized under the National
Flood Insurance Program (42 U.S.C.
4001–4128) unless an appropriate
VerDate Nov<24>2008
14:45 Oct 28, 2009
Jkt 220001
public body adopts adequate floodplain
management measures with effective
administration and enforcement
processes.
The community listed in this notice
no longer complies with the NFIP
requirements set forth at 44 CFR part 59
et seq. Under 44 CFR 59.24(c), a
community will be suspended from the
NFIP for failing to adequately enforce its
floodplain management regulations.
Accordingly, FEMA is suspending the
Village of Chauncey, Athens County,
Ohio, (‘‘the Village’’) on the effective
date in the fourth column of the table.
As of that date, the purchase of new
flood insurance policies or the renewal
of existing flood insurance policies
under the NFIP will no longer be
available.
FEMA will not suspend the Village,
however, if the community submits the
documentation required under 44 CFR
59.24(c) to show that it has corrected the
deficiencies and remedied the violations
identified in the Show Cause letter to
the maximum extent possible. This
documentation must be received by
FEMA before the actual suspension
date. If the Village successfully
demonstrates its compliance with NFIP
regulations, FEMA will continue its
eligibility for the sale of NFIP insurance.
FEMA will then publish in the Federal
Register a notice withdrawing the
suspension of the community. In the
interim, if you wish to determine
whether FEMA has suspended the
Village on the suspension date, please
contact the FEMA Region V office at
(312) 408–5207. Additional information
may also be found at https://
www.fema.gov/plan/prevent/floodplain/
nfipkeywords/suspension.shtm.
FEMA identified the special flood
hazard areas (SFHAs) in this community
by publishing a Flood Insurance Rate
Map. The effective date of this map is
indicated in the last column of the table.
By law, no Federally regulated entity
may provide financial assistance for
acquisition or construction purposes for
property located in a SFHA unless the
community in which the property is
located is participating in the NFIP (42
U.S.C. 4106). The prohibition against
certain types of Federal disaster
assistance also becomes effective for the
Village of Chauncey, Ohio, on the date
shown in the fourth column.
The Administrator finds that notice
and public comment procedure under 5
U.S.C. 553(b) are impracticable and
unnecessary because the community
listed in this final rule has been
adequately notified. The community
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
55789
received a Probationary Letter on
February 14, 2008, and was put on
Probation June 14, 2008; and a 30-day
show cause letter was sent July 29,
2009. FEMA addressed these
notifications to the Mayor of the Village
Council indicating that we will suspend
the Village unless the Village takes the
required corrective actions and remedial
measures before the effective
suspension date. Because we have made
these notifications, this final rule may
take effect within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Regulatory Flexibility Act (5 U.S.C.
601–612) requires that special
consideration be given to the effects of
proposed regulations on small entities.
This rule does not require a Notice of
Proposed Rulemaking and, therefore, is
exempt from the requirements of the
Regulatory Flexibility Act.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR Part 64 is
amended as follows:
■
PART 64—[AMENDED]
1. The authority citation for Part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.,
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
§ 64.6
[Amended]
The tables published under the
authority of § 64.6 are amended as
follows:
■
E:\FR\FM\29OCR1.SGM
29OCR1
]]>Agencies
[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Pages 55787-55789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26031]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Air Force
[Docket ID: USAF-2009-0011]
32 CFR Part 806b
Privacy Act; Implementation
AGENCY: Department of the Air Force, DoD.
[[Page 55788]]
ACTION: Final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Air Force is updating the Department of Air
Force Privacy Act Program Rules, 32 CFR part 806b, by adding the (k)(2)
exemption to accurately describe the basis for exempting the records.
The Privacy Act system of records notice, F033 USSC A, entitled
``Information Technology and Control Records'', has already been
published on March 3, 2008 (73 FR 11400).
DATES: The rule will be effective on December 28, 2009 unless comments
are received that would result in a contrary determination. Comments
will be accepted on or before December 28, 2009.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
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 https://www.regulations.gov as they are received without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Brodie at (703) 696-7557.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and 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 this Executive order.
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 information requirements beyond the Department of
Defense and that the information collected within the Department of
Defense is necessary and consistent with 5 U.S.C. 552a, known as the
Privacy Act of 1974.
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 806b
Privacy.
0
Accordingly, 32 CFR part 806b is amended as follows:
PART 806b--PRIVACY ACT PROGRAM
0
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).
0
2. Paragraph (e) of Appendix D to 32 CFR part 806b is amended by adding
paragraph (23) to read as follows:
Appendix D to Part 806b--General and Specific Exemptions
* * * * *
(23) System identifier and name F033 USSC A, Information
Technology and Control Records.
(i) Exemption: Investigatory material compiled for law
enforcement purposes, other than material within the scope of
subsection 5 U.S.C. 552a(j)(2), 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, 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. Note: When claimed, this exemption allows limited protection
of investigative reports maintained in a system of records used in
personnel or administrative actions. Any portion of this system of
records 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), (e)(1), (e)(4)(G), (H), and (I), and (f).
(ii) Authority: 5 U.S.C. 552a(k)(2).
(iii) Reasons: (A) From subsection (c)(3) because to grant
access to the accounting for each disclosure as required by the
Privacy Act, including the date, nature, and purpose of each
disclosure and the identity of the recipient, could alert the
subject to the existence of the investigation. This could seriously
compromise case preparation by prematurely revealing its existence
and nature; compromise or interfere with witnesses or make witnesses
reluctant to cooperate; and lead to suppression, alteration, or
destruction of evidence.
(B) From subsections (d) and (f) because providing access to
investigative records and the right to contest the contents of those
records and force changes to be made to the information contained
therein would seriously interfere with and thwart the orderly and
unbiased conduct of the investigation and impede case preparation.
Providing access rights normally afforded under the Privacy Act
would provide the subject with valuable information that would allow
interference with or compromise of witnesses or render witnesses
reluctant to cooperate; lead to suppression, alteration, or
destruction of evidence; enable individuals to conceal their
wrongdoing or mislead the course of the investigation; and result in
the secreting of or other disposition of assets that would make them
difficult or impossible to reach in order to satisfy any Government
claim growing out of the investigation or proceeding.
(C) From subsection (e)(1) because it is not always possible to
detect the relevance or necessity of each piece of information in
the early stages of an investigation. In some cases, it is only
after the information is evaluated in light of other evidence that
its relevance and necessity will be clear.
(D) From subsections (e)(4)(G) and (H) because this system of
records is compiled for investigative purposes and is exempt from
the access provisions of subsections (d) and (f).
(E) From subsection (e)(4)(I) because to the extent that this
provision is construed to require more detailed disclosure than the
broad, generic information currently published in the system notice,
an exemption from this provision is necessary to protect the
confidentiality of sources of information and
[[Page 55789]]
to protect privacy and physical safety of witnesses and informants.
* * * * *
Dated: October 7, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-26031 Filed 10-28-09; 8:45 am]
BILLING CODE 5001-06-P
