Office of the Secretary of Defense and Joint Staff Privacy Program, 58205-58209 [E9-27148]
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Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Rules and Regulations
regulation’s effective date of September
10, 2009 remains unchanged.
The Commission finds that, for good
cause and the reasons cited above,
including the brief length of the
extension we are granting, notice and
solicitation of comment regarding the
extension of the compliance date for
Regulation S–AM are impracticable,
unnecessary, or contrary to the public
interest.5 In this regard, the Commission
also notes that Covered Persons need to
be informed as soon as possible of the
extension and its length in order to plan
and adjust their implementation process
accordingly.
By the Commission.
Dated: November 5, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–27126 Filed 11–10–09; 8:45 am]
ACTION:
Final rule; amendment.
SUMMARY: On October 30, 2009 (74 FR
56114), the Department of Defense
published a final rule revising 32 CFR
part 311 to update Office of the
Secretary of Defense (OSD) and Joint
Staff (JS) policy, assign responsibilities,
and prescribe procedures for the
effective administration of the Privacy
Act (PA) Program in OSD and JS. In the
published rule, the section on
procedures for exemptions was
inadvertently dropped. This rule
amendment is being published to add
this section back to 32 CFR part 311.
DATES: Effective Date: This rule is
effective November 30, 2009.
FOR FURTHER INFORMATION CONTACT:
Cindy Allard, 703–588–6830.
SUPPLEMENTARY INFORMATION:
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
311 does not impose reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995.
Executive Order 13132, ‘‘Federalism’’
It has been certified that 32 CFR part
311 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 311
Privacy Act.
BILLING CODE 8011–01–P
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
■
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
It has been certified that 32 CFR part
311 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 section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribunal 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 12866,
as amended by Executive Order 13422.
PART 311—[AMENDED]
Food and Drug Administration
21 CFR Part 528
New Animal Drugs in Genetically
Engineered Animals
CFR Correction
In Title 21 of the Code of Federal
Regulations, Parts 500–599, revised as of
April 1, 2009, on page 359, the heading
for part 528 is corrected to read ‘‘NEW
ANIMAL DRUGS IN GENETICALLY
ENGINEERED ANIMALS’’.
[FR Doc. E9–27305 Filed 11–10–09; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF DEFENSE
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
Office of the Secretary
[DoD–2006–OS–0033; RIN 0790–AI26]
32 CFR Part 311
Office of the Secretary of Defense and
Joint Staff Privacy Program
AGENCY:
Department of Defense.
5 See
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Section 553(b)(3)(B) of the Administrative
Procedure Act (5 U.S.C. 553(b)(3)(B)) (‘‘APA’’) (an
agency may dispense with prior notice and
comment when it finds, for good cause, that notice
and comment are ‘‘impracticable, unnecessary, or
contrary to the public interest). The change to the
compliance date is effective upon publication in the
Federal Register. This date is less than 30 days after
publication in the Federal Register, in accordance
with the APA, which allows effectiveness in less
than 30 days after publication for ‘‘a substantive
rule which grants or recognizes an exemption or
relieves a restriction.’’ See 5 U.S.C. 553(d)(1).
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It has been certified that 32 CFR part
311 does not contain a Federal mandate
that may result in the expenditure by
State, local and tribunal governments, in
aggregate, or by the private sector, of
$100 million or more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that 32 CFR part
311 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.
The rule implements the procedures for
the effective administration of the
Privacy Act Program in OSD and the JS.
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Accordingly, 32 CFR part 311 is
amended as follows:
1. The authority citation for part 311
continues to read as follows:
■
Authority: 5 U.S.C. 552a.
2. Section 311.8 is added to read as
follows:
■
§ 311.8
Procedures for exemptions.
(a) General information. The Secretary
of Defense designates those Office of the
Secretary of Defense (OSD) systems of
records which will be exempt from
certain provisions of the Privacy Act.
There are two types of exemptions,
general and specific. The general
exemption authorizes the exemption of
a system of records from all but a few
requirements of the Act. The specific
exemption authorizes exemption of a
system of records or portion thereof,
from only a few specific requirements.
If an OSD Component originates a new
system of records for which it proposes
an exemption, or if it proposes an
additional or new exemption for an
existing system of records, it shall
submit the recommended exemption
with the records system notice as
outlined in § 311.6. No exemption of a
system of records shall be considered
automatic for all records in the system.
The systems manager shall review each
requested record and apply the
exemptions only when this will serve
significant and legitimate Government
purpose.
(b) General exemptions. The general
exemption provided by 5 U.S.C.
552a(j)(2) may be invoked for protection
of systems of records maintained by law
enforcement activities. Certain
functional records of such activities are
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not subject to access provisions of the
Privacy Act of 1974. Records identifying
criminal offenders and alleged offenders
consisting of identifying data and
notations of arrests, the type and
disposition of criminal charges,
sentencing, confinement, release,
parole, and probation status of
individuals are protected from
disclosure. Other records and reports
compiled during criminal
investigations, as well as any other
records developed at any stage of the
criminal law enforcement process from
arrest to indictment through the final
release from parole supervision are
excluded from release.
(1) System identifier and name:
DWHS P42.0, DPS Incident Reporting
and Investigations Case Files.
(i) Exemption. Portions of this system
that fall within 5 U.S.C. 552a(j)(2) are
exempt from the following provisions of
5 U.S.C. 552a, Sections (c)(3) and (4);
(d)(1) through (d)(5); (e)(1) through
(e)(3); (e)(5); (f)(1) through (f)(5); (g)(1)
through (g)(5); and (h) of the Act.
(ii) Authority: 5 U.S.C. 552a(j)(2).
(iii) Reason: The Defense Protective
Service is the law enforcement body for
the jurisdiction of the Pentagon and
immediate environs. The nature of
certain records created and maintained
by the DPS requires exemption from
access provisions of the Privacy Act of
1974. The general exemption, 5 U.S.C.
552a(j)(2), is invoked to protect ongoing
investigations and to protect from access
criminal investigation information
contained in this record system, so as
not to jeopardize any subsequent
judicial or administrative process taken
as a result of information contained in
the file.
(2) System identifier and name:
JS006.CND, Department of Defense
Counternarcotics C4I System.
(i) Exemption: Portions of this system
that fall within 5 U.S.C. 552a(j)(2) are
exempt from the following provisions of
5 U.S.C. 552a, section (c) (3) and (4);
(d)(1) through (d)(5); (e)(1) through
(e)(3); (e)(4)(G) and (e)(4)(H); (e)(5); (f)(1)
through (f)(5); (g)(1) through (g)(5) of the
Act.
(ii) Authority: 5 U.S.C. 552a(j)(2).
(iii) Reason: From subsection (c)(3)
because the release of accounting of
disclosure would inform a subject that
he or she is under investigation. This
information would provide considerable
advantage to the subject in providing
him or her with knowledge concerning
the nature of the investigation and the
coordinated investigative efforts and
techniques employed by the cooperating
agencies. This would greatly impede
USSOUTHCOM’s criminal law
enforcement.
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(iv) For subsections (c)(4) and (d)
because notification would alert a
subject to the fact that an investigation
of that individual is taking place, and
might weaken the on-going
investigation, reveal investigatory
techniques, and place confidential
informants in jeopardy.
(v) From subsections (e)(4)(G) and (H)
because this system of records is exempt
from the access provisions of subsection
(d) pursuant to subsection (j).
(vi) From subsection (f) because the
agency’s rules are inapplicable to those
portions of the system that are exempt
and would place the burden on the
agency of either confirming or denying
the existence of a record pertaining to a
requesting individual might in itself
provide an answer to that individual
relating to an on-going criminal
investigation. The conduct of a
successful investigation leading to the
indictment of a criminal offender
precludes the applicability of
established agency rules relating to
verification of record, disclosure of the
record to that individual, and record
amendment procedures for this record
system.
(vii) For compatibility with the
exemption claimed from subsection (f),
the civil remedies provisions of
subsection (g) must be suspended for
this record system. Because of the
nature of criminal investigations,
standards of accuracy, relevance,
timeliness and completeness cannot
apply to this record system. Information
gathered in criminal investigations is
often fragmentary and leads relating to
an individual in the context of one
investigation may instead pertain to a
second investigation.
(viii) From subsection (e)(1) because
the nature of the criminal investigative
function creates unique problems in
prescribing a specific parameter in a
particular case with respect to what
information is relevant or necessary.
Also, due to USSOUTHCOM’s close
liaison and working relationships with
the other Federal, as well as state, local
and foreign country law enforcement
agencies, information may be received
which may relate to a case under the
investigative jurisdiction of another
agency. The maintenance of this
information may be necessary to
provide leads for appropriate law
enforcement purposes and to establish
patterns of activity which may relate to
the jurisdiction of other cooperating
agencies.
(ix) From subsection (e)(2) because
collecting information to the greatest
extent possible directly from the subject
individual may or may not be
practicable in a criminal investigation.
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The individual may choose not to
provide information and the law
enforcement process will rely upon
significant information about the subject
from witnesses and informants.
(x) From subsection (e)(3) because
supplying an individual with a form
containing a Privacy Act Statement
would tend to inhibit cooperation by
many individuals involved in a criminal
investigation. The effect would be
somewhat inimical to established
investigative methods and techniques.
(xi) From subsection (e)(5) because
the requirement that records be
maintained with attention to accuracy,
relevance, timeliness, and completeness
would unfairly hamper the criminal
investigative process. It is the nature of
criminal law enforcement for
investigations to uncover the
commission of illegal acts at diverse
stages. It is frequently impossible to
determine initially what information is
accurate, relevant, timely, and least of
all complete. With the passage of time,
seemingly irrelevant or untimely
information may acquire new significant
as further investigation brings new
details to light.
(xii) From subsection (e)(8) because
the notice requirements of this
provision could present a serious
impediment to criminal law
enforcement by revealing investigative
techniques, procedures, and existence of
confidential investigations.
(c) Specific exemptions. All systems
of records maintained by any OSD
Component shall be exempt from the
requirements of 5 U.S.C. 552a(d)
pursuant to subsection (k)(1) of that
section to the extent that the system
contains any information properly
classified under Executive Order 11265,
‘National Security Information,’ dated
June 28, 552a(d) pursuant to subsection
(k)(1) of that section to the extent that
the system contains any information
properly classified under E.O. 11265,
‘National Security Information,’ dated
June 28, 1979, as amended, and required
by the Executive Order to be kept
classified in the interest of national
defense or foreign policy. This
exemption, which may be applicable to
parts of all systems of records, is
necessary because certain record
systems not otherwise specifically
designated for exemptions may contain
isolated information which has been
properly classified. The Secretary of
Defense has designated the following
OSD system of records described below
specifically exempted from the
appropriate provisions of the Privacy
Act pursuant to the designated authority
contained therein:
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(1) System identifier and name: DGC
16, Political Appointment Vetting Files.
(i) Exemption. Portions of this system
of records that fall within the provisions
of 5 U.S.C. 552a(k)(5) may be exempt
from the following subsections (d)(1)
through (d)(5).
(ii) Authority. 5 U.S.C. 552a(k)(5).
(iii) Reasons. From (d)(1) through
(d)(5) because the agency is required to
protect the confidentiality of sources
who furnished information to the
Government under an expressed
promise of confidentiality or, prior to
September 27, 1975, under an implied
promise that the identity of the source
would be held in confidence. This
confidentiality is needed to maintain
the Government’s continued access to
information from persons who
otherwise might refuse to give it. This
exemption is limited to disclosures that
would reveal the identity of a
confidential source.
(2) System identifier and name:
DWHS P28, The Office of the Secretary
of Defense Clearance File.
(i) Exemption. This system of records
is exempt from subsections (c)(3) and
(d) of 5 U.S.C. 552a, which would
require the disclosure of investigatory
material compiled solely for the purpose
of determining access to classified
information but only to the extent that
disclosure of such material would reveal
the identity of a source who furnished
information to the Government under an
expressed promise that the identity of
the source would be held in confidence
or, prior to September 27, 1975, under
an implied promise that the identity of
the source would be held in confidence.
A determination will be made at the
time of the request for a record
concerning the specific information
which would reveal the identity of the
source.
(ii) Authority. 5 U.S.C. 552a(k)(5).
(iii) Reasons. This exemption is
required to protect the confidentiality of
the sources of information compiled for
the purpose of determining access to
classified information. This
confidentiality helps maintain the
Government’s continued access to
information from persons who would
otherwise refuse to give it.
(3) System identifier and name: DGC
04, Industrial Personnel Security
Clearance Case Files.
(i) Exemption. All portions of this
system which fall under 5 U.S.C.
552a(k)(5) are exempt from the
following provisions of title 5 U.S.C.
552a: (c)(3); (d).
(ii) Authority. 5 U.S.C. 552a(k)(5).
(iii) Reasons. This system of records
is exempt from subsections (c)(3) and
(d) of section 552a of 5 U.S.C. which
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would require the disclosure of
investigatory material compiled solely
for the purpose of determining access to
classified information, but only to the
extent that the disclosure of such
material would reveal the identity of a
source who furnished information to the
Government under an expressed
promise that the identity of the source
would be held in confidence, or prior to
September 27, 1975, under an implied
promise that the identity of the source
would be held in confidence. A
determination will be made at the time
of the request for a record concerning
whether specific information would
reveal the identity of a source. This
exemption is required in order to
protect the confidentiality of the sources
of information compiled for the purpose
of determining access to classified
information. This confidentiality helps
maintain the Government’s continued
access to information from persons who
would otherwise refuse to give it.
(4) System identifier and name:
DWHS P32, Standards of Conduct
Inquiry File.
(i) Exemption. This system of records
is exempted from subsections (c)(3) and
(d) of 5 U.S.C. 552a, which would
require the disclosure of: Investigatory
material compiled for law enforcement
purposes; or investigatory material
compiled solely for the purpose of
determining suitability, eligibility, or
qualifications for Federal civilian
employment, military service, or
Federal contracts, but only to the extent
that the disclosure of such material
would reveal the identity of a source
who furnished information to the
Government under an express promise
or, prior to September 27, 1975, under
an implied promise that the identity of
the source would be held in confidence.
If any individual is denied any right,
privilege, or benefit that he would
otherwise be entitled by Federal law, or
otherwise be eligible, as a result of the
maintenance of investigatory material
compiled for law enforcement purposes,
the material shall be provided to that
individual, except to the extent that its
disclosure would reveal the identity of
a source who furnished information to
the Government under an express
promise or, prior to September 27, 1975,
under an implied promise that the
identity of the source would be held in
confidence. At the time of the request
for a record, a determination will be
made concerning whether a right,
privilege, or benefit is denied or specific
information would reveal the identity of
a source.
(ii) Authority. 5 U.S.C. 552a(k)(2) and
(5).
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58207
(iii) Reasons. These exemptions are
necessary to protect the confidentiality
of the records compiled for the purpose
of: enforcement of the conflict of
interest statutes by the Department of
Defense Standards of Conduct
Counselor, General Counsel, or their
designees; and determining suitability,
eligibility or qualifications for Federal
civilian employment, military service,
or Federal contracts of those alleged to
have violated or caused others to violate
the Standards of Conduct regulations of
the Department of Defense.
(5) System identifier and name:
DUSDP 02, Special Personnel Security
Cases.
(i) Exemption: All portions of this
system which fall under 5 U.S.C.
552a(k)(5) are exempt from the
following provisions of 5 U.S.C. 552a:
(c)(3); (d).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reasons: This system of records
is exempt from subsections (c)(3) and
(d) of 5 U.S.C. 552a which would
require the disclosure of investigatory
material compiled solely for the purpose
of determining access to classified
information, but only to the extent that
the disclosure of such material would
reveal the identity of a source who
furnished information to the
Government under an expressed
promise that the identity of the source
would be held in confidence or, prior to
September 27, 1975, under an implied
promise that the identity of the source
would be held in confidence. A
determination will be made at the time
of the request for a record concerning
whether specific information would
reveal the identity of a source. This
exemption is required in order to
protect the confidentiality of the sources
of information compiled for the purpose
of determining access to classified
information. This confidentiality helps
maintain the Government’s continued
access to information from persons who
would otherwise refuse to give it.
(6) System identifier and name:
DODDS 02.0, Educator Application
Files.
(i) Exemption. All portions of this
system which fall within 5 U.S.C.
552a(k)(5) may be exempt from the
following provisions of 5 U.S.C. 552a:
(c)(3); (d).
(ii) Authority. 5 U.S.C. 552a(k)(5).
(iii) Reasons. It is imperative that the
confidential nature of evaluation and
investigatory material on teacher
application files furnished the
Department of Defense Dependent
Schools (DoDDS) under promises of
confidentiality be exempt from
disclosure to the individual to insure
the candid presentation of information
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necessary to make determinations
involving applicants suitability for
DoDDS teaching positions.
(7) System identifier and name: DGC
20, DoD Presidential Appointee Vetting
File.
(i) Exemption: Investigatory material
compiled solely for the purpose of
determining suitability, eligibility, or
qualifications for federal civilian
employment, military service, federal
contracts, or access to classified
information may be exempt pursuant to
5 U.S.C. 552a(k)(5), but only to the
extent that such material would reveal
the identity of a confidential source.
Portions of this system of records that
may be exempt pursuant to 5 U.S.C.
552a(k)(5) are subsections (d)(1) through
(d)(5).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reason: From (d)(1) through
(d)(5) because the agency is required to
protect the confidentiality of sources
who furnished information to the
Government under an expressed
promise of confidentiality or, prior to
September 27, 1975, under an implied
promise that the identity of the source
would be held in confidence. This
confidentiality is needed to maintain
the Government’s continued access to
information from persons who
otherwise might refuse to give it.
(8) System identifier and name:
DWHS P29, Personnel Security
Adjudications File.
(i) Exemption: Portions of this system
of records that fall within the provisions
of 5 U.S.C. 552a(k)(5) may be exempt
from the following subsections (d)(1)
through (d)(5).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reasons. From (d)(1) through
(d)(5) because the agency is required to
protect the confidentiality of sources
who furnished information to the
Government under an expressed
promise of confidentiality or, prior to
September 27, 1975, under an implied
promise that the identity of the source
would be held in confidence. This
confidentiality is needed to maintain
the Government’s continued access to
information from persons who
otherwise might refuse to give it. This
exemption is limited to disclosures that
would reveal the identity of a
confidential source. At the time of the
request for a record, a determination
will be made concerning whether a
right, privilege, or benefit is denied or
specific information would reveal the
identity of a source.
(9) System identifier and name:
JS004SECDIV, Joint Staff Security
Clearance Files.
(i) Exemption: Portions of this system
of records are exempt pursuant to the
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provisions of 5 U.S.C. 552a(k)(5) from
subsections 5 U.S.C. 552a(d)(1) through
(d)(5).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reasons: From subsections (d)(1)
through (d)(5) because the agency is
required to protect the confidentiality of
sources who furnished information to
the Government under an expressed
promise of confidentiality or, prior to
September 27, 1975, under an implied
promise that the identity of the source
would be held in confidence. This
confidentiality is needed to maintain
the Government’s continued access to
information from persons who
otherwise might refuse to give it. This
exemption is limited to disclosures that
would reveal the identity of a
confidential source. At the time of the
request for a record, a determination
will be made concerning whether a
right, privilege, or benefit is denied or
specific information would reveal the
identity of a source.
(10) System identifier and name:
DFMP 26, Vietnamese Commando
Compensation Files.
(i) Exemption: Information classified
under E.O. 12958, as implemented by
DoD 5200.1–R, may be exempt pursuant
to 5 U.S.C. 552a(k)(1).
(ii) Authority: 5 U.S.C. 552a(k)(1).
(iii) Reasons: From subsection 5
U.S.C. 552a(d) because granting access
to information that is properly classified
pursuant to E.O. 12958, as implemented
by DoD 5200.1–R, may cause damage to
the national security.
(11) System identifier and name:
DUSP 11, POW/Missing Personnel
Office Files.
(i) Exemption: Information classified
under E.O. 12958, as implemented by
DoD 5200.1–R, may be exempt pursuant
to 5 U.S.C. 552a(k)(1).
(ii) Authority: 5 U.S.C. 552a(k)(1).
(iii) Reasons: From subsection 5
U.S.C. 552a(d) because granting access
to information that is properly classified
pursuant to E.O. 12958, as implemented
by DoD 5200.1–R, may cause damage to
the national security.
(12) System identifier and name:
DFOISR 05, Freedom of Information Act
Case Files.
(i) Exemption: During the processing
of a Freedom of Information Act request,
exempt materials from other systems of
records may in turn become part of the
case record in this system. To the extent
that copies of exempt records from those
‘other’ systems of records are entered
into this system, the Office of the
Secretary of Defense claims the same
exemptions for the records from those
‘other’ systems that are entered into this
system, as claimed for the original
primary system of which they are a part.
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(ii) Authority: 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2), (k)(3), (k)(4), (k)(5), (k)(6),
and (k)(7).
(iii) Reasons: 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 and the
purposes underlying the exemption for
the original record still pertain to the
record which is now contained in this
system of records. In general, the
exemptions were claimed in order to
protect properly 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
the President and others are not
compromised, 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
furnished by a confidential source. The
exemption rule for the original records
will identify the specific reasons why
the records are exempt from specific
provisions of 5 U.S.C. 552a.
(13) System identifier and name:
DFOISR 10, Privacy Act Case Files.
(i) Exemption: During the processing
of a Privacy Act request (which may
include access requests, amendment
requests, and requests for review for
initial denials of such requests), exempt
materials from other systems of records
may in turn become part of the case
record in this system. To the extent that
copies of exempt records from those
‘other’ systems of records are entered
into this system, the Office of the
Secretary of Defense hereby claims the
same exemptions for the records from
those ‘other’ systems that are entered
into this system, as claimed for the
original primary system of which they
are a part.
(ii) Authority: 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2), (k)(3), (k)(4), (k)(5), (k)(6),
and (k)(7).
(iii) 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 and the purposes
underlying the exemption for the
original record still pertain to the record
which is now contained in this system
of records. In general, the exemptions
were claimed in order to protect
properly classified information relating
to national defense and foreign policy,
to avoid interference during the conduct
of criminal, civil, or administrative
E:\FR\FM\12NOR1.SGM
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WReier-Aviles on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Rules and Regulations
actions or investigations, to ensure
protective services provided the
President and others are not
compromised, 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
furnished by a confidential source. The
exemption rule for the original records
will identify the specific reasons why
the records are exempt from specific
provisions of 5 U.S.C. 552a.
(14) System identifier and name:
DHRA 02, PERSEREC Research Files.
(i) Exemption: (A) Investigative
material compiled solely for the purpose
of determining suitability, eligibility, or
qualifications for federal civilian
employment, military service, federal
contracts, or access to classified
information may be exempt pursuant to
5 U.S.C. 552a(k)(5), but only to the
extent that such material would reveal
the identity of a confidential source.
(B) 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) when access to accounting
disclosures and access to or amendment
of records would cause the identity of
a confidential source 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
decisionmaking by the Department
when making required suitability,
VerDate Nov<24>2008
13:02 Nov 10, 2009
Jkt 220001
eligibility, and qualification
determinations.
(15) System identifier and name:
DCIFA 01, CIFA Operational and
Analytical Records.
(i) Exemptions: This system of records
is a compilation of information from
other Department of Defense and U.S.
Government systems of records. To the
extent that copies of exempt records
from those ‘other’ systems of records are
entered into this system, OSD hereby
claims the same exemptions for the
records from those ‘other’ systems that
are entered into this system, as claimed
for the original primary system of which
they are a part.
(ii) Authority: 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2), (k)(3), (k)(4), (k)(5), (k)(6),
and (k)(7).
(iii) Records are only exempt from
pertinent provisions of 5 U.S.C. 552a to
the extent (1) such provisions have been
identified and an exemption claimed for
the original record and (2) the purposes
underlying the exemption for the
original record still pertain to the record
which is now contained in this system
of records. In general, the exemptions
are claimed in order to protect properly
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 the President and
others are not compromised, to protect
the identity of confidential sources
incident to Federal employment,
military service, contract, and security
clearance determinations, and to
preserve the confidentiality and
integrity of Federal evaluation materials.
The exemption rule for the original
records will identify the specific reasons
why the records are exempt from
specific provisions of 5 U.S.C. 552a.
Dated: November 6, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–27148 Filed 11–10–09; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0952]
Drawbridge Operation Regulations;
Hackensack River, Jersey City, NJ,
Maintenance
AGENCY:
PO 00000
Coast Guard, DHS.
Frm 00021
Fmt 4700
Sfmt 4700
58209
ACTION: Notice of temporary deviation
from regulations.
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Witt Penn Bridge at
mile 3.1, across the Hackensack River, at
Jersey City, New Jersey. Under this
temporary deviation a two-hour advance
notice for bridge opening shall be
required at the Witt Penn Bridge to
facilitate bridge repairs.
DATES: This deviation is effective from
November 12, 2009 through November
21, 2009.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
0952 and are available online at https://
www.regulations.gov, inserting USCG–
2009–0001 in the ‘‘Keyword’’ and then
clicking ‘‘Search’’. They are also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC, 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call Mr.
Joe Arca, Project Officer, First Coast
Guard District, telephone (212) 668–
7165. If you have questions on viewing
the docket, call Renee V. Wright,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The Witt
Penn Bridge, across the Hackensack
River at mile 3.1 has a vertical clearance
in the closed position of 35 feet at mean
high water and 40 feet at mean low
water. The existing drawbridge
operation regulations are listed at 33
CFR 117.723.
The waterway has seasonal
recreational vessels, and commercial
vessels of various sizes.
The owner of the bridge, New Jersey
Department of Transportation, requested
a temporary deviation to facilitate the
emergency replacement of the crash
gates that stop vehicular traffic during
bridge openings.
Under this temporary deviation the
Witt Penn Bridge, mile 3.1, across the
Hackensack River may require a twohour advance notice for bridge openings
from October 21, 2009 through
November 21, 2009. Vessels that can
pass under the bridge without a bridge
opening may do so at all times.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
E:\FR\FM\12NOR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Rules and Regulations]
[Pages 58205-58209]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27148]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[DoD-2006-OS-0033; RIN 0790-AI26]
32 CFR Part 311
Office of the Secretary of Defense and Joint Staff Privacy
Program
AGENCY: Department of Defense.
ACTION: Final rule; amendment.
-----------------------------------------------------------------------
SUMMARY: On October 30, 2009 (74 FR 56114), the Department of Defense
published a final rule revising 32 CFR part 311 to update Office of the
Secretary of Defense (OSD) and Joint Staff (JS) policy, assign
responsibilities, and prescribe procedures for the effective
administration of the Privacy Act (PA) Program in OSD and JS. In the
published rule, the section on procedures for exemptions was
inadvertently dropped. This rule amendment is being published to add
this section back to 32 CFR part 311.
DATES: Effective Date: This rule is effective November 30, 2009.
FOR FURTHER INFORMATION CONTACT: Cindy Allard, 703-588-6830.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been certified that 32 CFR part 311 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 section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribunal 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 12866, as amended by Executive Order 13422.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 311 does not contain a
Federal mandate that may result in the expenditure by State, local and
tribunal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 311 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. The rule implements the procedures for the effective
administration of the Privacy Act Program in OSD and the JS.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 311 does not impose
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 311 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 311 Privacy Act.
0
Accordingly, 32 CFR part 311 is amended as follows:
PART 311--[AMENDED]
0
1. The authority citation for part 311 continues to read as follows:
Authority: 5 U.S.C. 552a.
0
2. Section 311.8 is added to read as follows:
Sec. 311.8 Procedures for exemptions.
(a) General information. The Secretary of Defense designates those
Office of the Secretary of Defense (OSD) systems of records which will
be exempt from certain provisions of the Privacy Act. There are two
types of exemptions, general and specific. The general exemption
authorizes the exemption of a system of records from all but a few
requirements of the Act. The specific exemption authorizes exemption of
a system of records or portion thereof, from only a few specific
requirements. If an OSD Component originates a new system of records
for which it proposes an exemption, or if it proposes an additional or
new exemption for an existing system of records, it shall submit the
recommended exemption with the records system notice as outlined in
Sec. 311.6. No exemption of a system of records shall be considered
automatic for all records in the system. The systems manager shall
review each requested record and apply the exemptions only when this
will serve significant and legitimate Government purpose.
(b) General exemptions. The general exemption provided by 5 U.S.C.
552a(j)(2) may be invoked for protection of systems of records
maintained by law enforcement activities. Certain functional records of
such activities are
[[Page 58206]]
not subject to access provisions of the Privacy Act of 1974. Records
identifying criminal offenders and alleged offenders consisting of
identifying data and notations of arrests, the type and disposition of
criminal charges, sentencing, confinement, release, parole, and
probation status of individuals are protected from disclosure. Other
records and reports compiled during criminal investigations, as well as
any other records developed at any stage of the criminal law
enforcement process from arrest to indictment through the final release
from parole supervision are excluded from release.
(1) System identifier and name: DWHS P42.0, DPS Incident Reporting
and Investigations Case Files.
(i) Exemption. Portions of this system that fall within 5 U.S.C.
552a(j)(2) are exempt from the following provisions of 5 U.S.C. 552a,
Sections (c)(3) and (4); (d)(1) through (d)(5); (e)(1) through (e)(3);
(e)(5); (f)(1) through (f)(5); (g)(1) through (g)(5); and (h) of the
Act.
(ii) Authority: 5 U.S.C. 552a(j)(2).
(iii) Reason: The Defense Protective Service is the law enforcement
body for the jurisdiction of the Pentagon and immediate environs. The
nature of certain records created and maintained by the DPS requires
exemption from access provisions of the Privacy Act of 1974. The
general exemption, 5 U.S.C. 552a(j)(2), is invoked to protect ongoing
investigations and to protect from access criminal investigation
information contained in this record system, so as not to jeopardize
any subsequent judicial or administrative process taken as a result of
information contained in the file.
(2) System identifier and name: JS006.CND, Department of Defense
Counternarcotics C4I System.
(i) Exemption: Portions of this system that fall within 5 U.S.C.
552a(j)(2) are exempt from the following provisions of 5 U.S.C. 552a,
section (c) (3) and (4); (d)(1) through (d)(5); (e)(1) through (e)(3);
(e)(4)(G) and (e)(4)(H); (e)(5); (f)(1) through (f)(5); (g)(1) through
(g)(5) of the Act.
(ii) Authority: 5 U.S.C. 552a(j)(2).
(iii) Reason: From subsection (c)(3) because the release of
accounting of disclosure would inform a subject that he or she is under
investigation. This information would provide considerable advantage to
the subject in providing him or her with knowledge concerning the
nature of the investigation and the coordinated investigative efforts
and techniques employed by the cooperating agencies. This would greatly
impede USSOUTHCOM's criminal law enforcement.
(iv) For subsections (c)(4) and (d) because notification would
alert a subject to the fact that an investigation of that individual is
taking place, and might weaken the on-going investigation, reveal
investigatory techniques, and place confidential informants in
jeopardy.
(v) From subsections (e)(4)(G) and (H) because this system of
records is exempt from the access provisions of subsection (d) pursuant
to subsection (j).
(vi) From subsection (f) because the agency's rules are
inapplicable to those portions of the system that are exempt and would
place the burden on the agency of either confirming or denying the
existence of a record pertaining to a requesting individual might in
itself provide an answer to that individual relating to an on-going
criminal investigation. The conduct of a successful investigation
leading to the indictment of a criminal offender precludes the
applicability of established agency rules relating to verification of
record, disclosure of the record to that individual, and record
amendment procedures for this record system.
(vii) For compatibility with the exemption claimed from subsection
(f), the civil remedies provisions of subsection (g) must be suspended
for this record system. Because of the nature of criminal
investigations, standards of accuracy, relevance, timeliness and
completeness cannot apply to this record system. Information gathered
in criminal investigations is often fragmentary and leads relating to
an individual in the context of one investigation may instead pertain
to a second investigation.
(viii) From subsection (e)(1) because the nature of the criminal
investigative function creates unique problems in prescribing a
specific parameter in a particular case with respect to what
information is relevant or necessary. Also, due to USSOUTHCOM's close
liaison and working relationships with the other Federal, as well as
state, local and foreign country law enforcement agencies, information
may be received which may relate to a case under the investigative
jurisdiction of another agency. The maintenance of this information may
be necessary to provide leads for appropriate law enforcement purposes
and to establish patterns of activity which may relate to the
jurisdiction of other cooperating agencies.
(ix) From subsection (e)(2) because collecting information to the
greatest extent possible directly from the subject individual may or
may not be practicable in a criminal investigation. The individual may
choose not to provide information and the law enforcement process will
rely upon significant information about the subject from witnesses and
informants.
(x) From subsection (e)(3) because supplying an individual with a
form containing a Privacy Act Statement would tend to inhibit
cooperation by many individuals involved in a criminal investigation.
The effect would be somewhat inimical to established investigative
methods and techniques.
(xi) From subsection (e)(5) because the requirement that records be
maintained with attention to accuracy, relevance, timeliness, and
completeness would unfairly hamper the criminal investigative process.
It is the nature of criminal law enforcement for investigations to
uncover the commission of illegal acts at diverse stages. It is
frequently impossible to determine initially what information is
accurate, relevant, timely, and least of all complete. With the passage
of time, seemingly irrelevant or untimely information may acquire new
significant as further investigation brings new details to light.
(xii) From subsection (e)(8) because the notice requirements of
this provision could present a serious impediment to criminal law
enforcement by revealing investigative techniques, procedures, and
existence of confidential investigations.
(c) Specific exemptions. All systems of records maintained by any
OSD Component shall be exempt from the requirements of 5 U.S.C. 552a(d)
pursuant to subsection (k)(1) of that section to the extent that the
system contains any information properly classified under Executive
Order 11265, `National Security Information,' dated June 28, 552a(d)
pursuant to subsection (k)(1) of that section to the extent that the
system contains any information properly classified under E.O. 11265,
`National Security Information,' dated June 28, 1979, as amended, and
required by the Executive Order to be kept classified in the interest
of national defense or foreign policy. This exemption, which may be
applicable to parts of all systems of records, is necessary because
certain record systems not otherwise specifically designated for
exemptions may contain isolated information which has been properly
classified. The Secretary of Defense has designated the following OSD
system of records described below specifically exempted from the
appropriate provisions of the Privacy Act pursuant to the designated
authority contained therein:
[[Page 58207]]
(1) System identifier and name: DGC 16, Political Appointment
Vetting Files.
(i) Exemption. Portions of this system of records that fall within
the provisions of 5 U.S.C. 552a(k)(5) may be exempt from the following
subsections (d)(1) through (d)(5).
(ii) Authority. 5 U.S.C. 552a(k)(5).
(iii) Reasons. From (d)(1) through (d)(5) because the agency is
required to protect the confidentiality of sources who furnished
information to the Government under an expressed promise of
confidentiality or, prior to September 27, 1975, under an implied
promise that the identity of the source would be held in confidence.
This confidentiality is needed to maintain the Government's continued
access to information from persons who otherwise might refuse to give
it. This exemption is limited to disclosures that would reveal the
identity of a confidential source.
(2) System identifier and name: DWHS P28, The Office of the
Secretary of Defense Clearance File.
(i) Exemption. This system of records is exempt from subsections
(c)(3) and (d) of 5 U.S.C. 552a, which would require the disclosure of
investigatory material compiled solely for the purpose of determining
access to classified information but only to the extent that disclosure
of such material would reveal the identity of a source who furnished
information to the Government under an expressed promise that the
identity of the source would be held in confidence or, prior to
September 27, 1975, under an implied promise that the identity of the
source would be held in confidence. A determination will be made at the
time of the request for a record concerning the specific information
which would reveal the identity of the source.
(ii) Authority. 5 U.S.C. 552a(k)(5).
(iii) Reasons. This exemption is required to protect the
confidentiality of the sources of information compiled for the purpose
of determining access to classified information. This confidentiality
helps maintain the Government's continued access to information from
persons who would otherwise refuse to give it.
(3) System identifier and name: DGC 04, Industrial Personnel
Security Clearance Case Files.
(i) Exemption. All portions of this system which fall under 5
U.S.C. 552a(k)(5) are exempt from the following provisions of title 5
U.S.C. 552a: (c)(3); (d).
(ii) Authority. 5 U.S.C. 552a(k)(5).
(iii) Reasons. This system of records is exempt from subsections
(c)(3) and (d) of section 552a of 5 U.S.C. which would require the
disclosure of investigatory material compiled solely for the purpose of
determining access to classified information, but only to the extent
that the disclosure of such material would reveal the identity of a
source who furnished information to the Government under an expressed
promise that the identity of the source would be held in confidence, or
prior to September 27, 1975, under an implied promise that the identity
of the source would be held in confidence. A determination will be made
at the time of the request for a record concerning whether specific
information would reveal the identity of a source. This exemption is
required in order to protect the confidentiality of the sources of
information compiled for the purpose of determining access to
classified information. This confidentiality helps maintain the
Government's continued access to information from persons who would
otherwise refuse to give it.
(4) System identifier and name: DWHS P32, Standards of Conduct
Inquiry File.
(i) Exemption. This system of records is exempted from subsections
(c)(3) and (d) of 5 U.S.C. 552a, which would require the disclosure of:
Investigatory material compiled for law enforcement purposes; or
investigatory material compiled solely for the purpose of determining
suitability, eligibility, or qualifications for Federal civilian
employment, military service, or Federal contracts, but only to the
extent that the disclosure of such material would reveal the identity
of a source who furnished information to the Government under an
express promise or, prior to September 27, 1975, under an implied
promise that the identity of the source would be held in confidence. If
any individual is denied any right, privilege, or benefit that he would
otherwise be entitled by Federal law, or otherwise be eligible, as a
result of the maintenance of investigatory material compiled for law
enforcement purposes, the material shall be provided to that
individual, except to the extent that its disclosure would reveal the
identity of a source who furnished information to the Government under
an express promise or, prior to September 27, 1975, under an implied
promise that the identity of the source would be held in confidence. At
the time of the request for a record, a determination will be made
concerning whether a right, privilege, or benefit is denied or specific
information would reveal the identity of a source.
(ii) Authority. 5 U.S.C. 552a(k)(2) and (5).
(iii) Reasons. These exemptions are necessary to protect the
confidentiality of the records compiled for the purpose of: enforcement
of the conflict of interest statutes by the Department of Defense
Standards of Conduct Counselor, General Counsel, or their designees;
and determining suitability, eligibility or qualifications for Federal
civilian employment, military service, or Federal contracts of those
alleged to have violated or caused others to violate the Standards of
Conduct regulations of the Department of Defense.
(5) System identifier and name: DUSDP 02, Special Personnel
Security Cases.
(i) Exemption: All portions of this system which fall under 5
U.S.C. 552a(k)(5) are exempt from the following provisions of 5 U.S.C.
552a: (c)(3); (d).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reasons: This system of records is exempt from subsections
(c)(3) and (d) of 5 U.S.C. 552a which would require the disclosure of
investigatory material compiled solely for the purpose of determining
access to classified information, but only to the extent that the
disclosure of such material would reveal the identity of a source who
furnished information to the Government under an expressed promise that
the identity of the source would be held in confidence or, prior to
September 27, 1975, under an implied promise that the identity of the
source would be held in confidence. A determination will be made at the
time of the request for a record concerning whether specific
information would reveal the identity of a source. This exemption is
required in order to protect the confidentiality of the sources of
information compiled for the purpose of determining access to
classified information. This confidentiality helps maintain the
Government's continued access to information from persons who would
otherwise refuse to give it.
(6) System identifier and name: DODDS 02.0, Educator Application
Files.
(i) Exemption. All portions of this system which fall within 5
U.S.C. 552a(k)(5) may be exempt from the following provisions of 5
U.S.C. 552a: (c)(3); (d).
(ii) Authority. 5 U.S.C. 552a(k)(5).
(iii) Reasons. It is imperative that the confidential nature of
evaluation and investigatory material on teacher application files
furnished the Department of Defense Dependent Schools (DoDDS) under
promises of confidentiality be exempt from disclosure to the individual
to insure the candid presentation of information
[[Page 58208]]
necessary to make determinations involving applicants suitability for
DoDDS teaching positions.
(7) System identifier and name: DGC 20, DoD Presidential Appointee
Vetting File.
(i) Exemption: Investigatory material compiled solely for the
purpose of determining suitability, eligibility, or qualifications for
federal civilian employment, military service, federal contracts, or
access to classified information may be exempt pursuant to 5 U.S.C.
552a(k)(5), but only to the extent that such material would reveal the
identity of a confidential source. Portions of this system of records
that may be exempt pursuant to 5 U.S.C. 552a(k)(5) are subsections
(d)(1) through (d)(5).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reason: From (d)(1) through (d)(5) because the agency is
required to protect the confidentiality of sources who furnished
information to the Government under an expressed promise of
confidentiality or, prior to September 27, 1975, under an implied
promise that the identity of the source would be held in confidence.
This confidentiality is needed to maintain the Government's continued
access to information from persons who otherwise might refuse to give
it.
(8) System identifier and name: DWHS P29, Personnel Security
Adjudications File.
(i) Exemption: Portions of this system of records that fall within
the provisions of 5 U.S.C. 552a(k)(5) may be exempt from the following
subsections (d)(1) through (d)(5).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reasons. From (d)(1) through (d)(5) because the agency is
required to protect the confidentiality of sources who furnished
information to the Government under an expressed promise of
confidentiality or, prior to September 27, 1975, under an implied
promise that the identity of the source would be held in confidence.
This confidentiality is needed to maintain the Government's continued
access to information from persons who otherwise might refuse to give
it. This exemption is limited to disclosures that would reveal the
identity of a confidential source. At the time of the request for a
record, a determination will be made concerning whether a right,
privilege, or benefit is denied or specific information would reveal
the identity of a source.
(9) System identifier and name: JS004SECDIV, Joint Staff Security
Clearance Files.
(i) Exemption: Portions of this system of records are exempt
pursuant to the provisions of 5 U.S.C. 552a(k)(5) from subsections 5
U.S.C. 552a(d)(1) through (d)(5).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reasons: From subsections (d)(1) through (d)(5) because the
agency is required to protect the confidentiality of sources who
furnished information to the Government under an expressed promise of
confidentiality or, prior to September 27, 1975, under an implied
promise that the identity of the source would be held in confidence.
This confidentiality is needed to maintain the Government's continued
access to information from persons who otherwise might refuse to give
it. This exemption is limited to disclosures that would reveal the
identity of a confidential source. At the time of the request for a
record, a determination will be made concerning whether a right,
privilege, or benefit is denied or specific information would reveal
the identity of a source.
(10) System identifier and name: DFMP 26, Vietnamese Commando
Compensation Files.
(i) Exemption: Information classified under E.O. 12958, as
implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C.
552a(k)(1).
(ii) Authority: 5 U.S.C. 552a(k)(1).
(iii) Reasons: From subsection 5 U.S.C. 552a(d) because granting
access to information that is properly classified pursuant to E.O.
12958, as implemented by DoD 5200.1-R, may cause damage to the national
security.
(11) System identifier and name: DUSP 11, POW/Missing Personnel
Office Files.
(i) Exemption: Information classified under E.O. 12958, as
implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C.
552a(k)(1).
(ii) Authority: 5 U.S.C. 552a(k)(1).
(iii) Reasons: From subsection 5 U.S.C. 552a(d) because granting
access to information that is properly classified pursuant to E.O.
12958, as implemented by DoD 5200.1-R, may cause damage to the national
security.
(12) System identifier and name: DFOISR 05, Freedom of Information
Act Case Files.
(i) Exemption: During the processing of a Freedom of Information
Act request, exempt materials from other systems of records may in turn
become part of the case record in this system. To the extent that
copies of exempt records from those `other' systems of records are
entered into this system, the Office of the Secretary of Defense claims
the same exemptions for the records from those `other' systems that are
entered into this system, as claimed for the original primary system of
which they are a part.
(ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3),
(k)(4), (k)(5), (k)(6), and (k)(7).
(iii) Reasons: 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 and the purposes underlying
the exemption for the original record still pertain to the record which
is now contained in this system of records. In general, the exemptions
were claimed in order to protect properly 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 the President
and others are not compromised, 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 furnished by a confidential
source. The exemption rule for the original records will identify the
specific reasons why the records are exempt from specific provisions of
5 U.S.C. 552a.
(13) System identifier and name: DFOISR 10, Privacy Act Case Files.
(i) Exemption: During the processing of a Privacy Act request
(which may include access requests, amendment requests, and requests
for review for initial denials of such requests), exempt materials from
other systems of records may in turn become part of the case record in
this system. To the extent that copies of exempt records from those
`other' systems of records are entered into this system, the Office of
the Secretary of Defense hereby claims the same exemptions for the
records from those `other' systems that are entered into this system,
as claimed for the original primary system of which they are a part.
(ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3),
(k)(4), (k)(5), (k)(6), and (k)(7).
(iii) 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 and the purposes underlying
the exemption for the original record still pertain to the record which
is now contained in this system of records. In general, the exemptions
were claimed in order to protect properly classified information
relating to national defense and foreign policy, to avoid interference
during the conduct of criminal, civil, or administrative
[[Page 58209]]
actions or investigations, to ensure protective services provided the
President and others are not compromised, 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
furnished by a confidential source. The exemption rule for the original
records will identify the specific reasons why the records are exempt
from specific provisions of 5 U.S.C. 552a.
(14) System identifier and name: DHRA 02, PERSEREC Research Files.
(i) Exemption: (A) Investigative material compiled solely for the
purpose of determining suitability, eligibility, or qualifications for
federal civilian employment, military service, federal contracts, or
access to classified information may be exempt pursuant to 5 U.S.C.
552a(k)(5), but only to the extent that such material would reveal the
identity of a confidential source.
(B) 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) when access to
accounting disclosures and access to or amendment of records would
cause the identity of a confidential source 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
decisionmaking by the Department when making required suitability,
eligibility, and qualification determinations.
(15) System identifier and name: DCIFA 01, CIFA Operational and
Analytical Records.
(i) Exemptions: This system of records is a compilation of
information from other Department of Defense and U.S. Government
systems of records. To the extent that copies of exempt records from
those `other' systems of records are entered into this system, OSD
hereby claims the same exemptions for the records from those `other'
systems that are entered into this system, as claimed for the original
primary system of which they are a part.
(ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3),
(k)(4), (k)(5), (k)(6), and (k)(7).
(iii) Records are only exempt from pertinent provisions of 5 U.S.C.
552a to the extent (1) such provisions have been identified and an
exemption claimed for the original record and (2) the purposes
underlying the exemption for the original record still pertain to the
record which is now contained in this system of records. In general,
the exemptions are claimed in order to protect properly 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 the
President and others are not compromised, to protect the identity of
confidential sources incident to Federal employment, military service,
contract, and security clearance determinations, and to preserve the
confidentiality and integrity of Federal evaluation materials. The
exemption rule for the original records will identify the specific
reasons why the records are exempt from specific provisions of 5 U.S.C.
552a.
Dated: November 6, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-27148 Filed 11-10-09; 8:45 am]
BILLING CODE 5001-06-P
