Privacy Act; Implementation, 57016-57017 [2012-22764]
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Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been determined that the
Privacy Act rulemaking for the
Department of Defense does not involve
a Federal mandate that may result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
and that such rulemaking will not
significantly or uniquely affect small
governments.
Executive Order 13132, ’’Federalism’’
It has been determined that the
Privacy Act rules for the Department of
Defense do not have federalism
implications. The rules do not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 32 CFR Part 319
Privacy.
Accordingly, 32 CFR part 319 is
amended as follows:
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.
Any portion of this record system which
falls within the provisions of 5 U.S.C.
552a(k)(2)and (k)(5) may be exempt
from the following subsections of 5
U.S.C. 552a: (c)(3), (d)(1)(2)(3)(4)(5),
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I).
Exempt materials from other systems of
records may in turn become part of the
case records in this system. To the
extent that copies of exempt records
from those ‘other’ systems of records are
entered into this case record, the
Defense Intelligence Agency hereby
claims the same exemptions for the
records from those ‘other’ systems that
are entered into this system, as claimed
for the original primary systems of
records, which they are a part.
(2) Authority: 5 U.S.C. 552a(j)(2),
(k)(2), (k)(3), (k)(4), (k)(5), (k)(6), and
(k)(7).
(3) Reasons: The reason for asserting
these exemptions (k)(2) and (k)(5) is to
ensure the integrity of the litigation
process.
PART 319—DEFENSE INTELLIGENCE
AGENCY PRIVACY PROGRAM
1. The authority citation for 32 CFR
Part 319 continues to read as follows:
Dated: September 11, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2012–22745 Filed 9–14–12; 8:45 am]
■
Authority: Pub. L. 93–579, 5 U.S.C. 552a(f)
and (k).
BILLING CODE 5001–06–P
2. Section 319.13 is amended by
adding paragraph (l) to read as follows:
DEPARTMENT OF DEFENSE
§ 319.13
[Docket ID DoD–2012–OS–0103]
■
Specific exemptions.
tkelley on DSK3SPTVN1PROD with RULES
*
*
*
*
*
(l) System identifier and name: LDIA
0209, Litigation Case Files.
(1) Exemptions: 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 552(k)(2).
However, if an individual is denied any
right, privilege, or benefit for which he
would otherwise be entitled by Federal
law or which he would otherwise be
eligible, as a result of maintenance of
the information, the individual will be
provided access to the information
except to the extent that disclosure
would reveal the identity of a
confidential source. This exemption
provides limited protection of
investigative reports maintained in a
system of records used in personnel or
administrative actions. 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
VerDate Mar<15>2010
18:04 Sep 14, 2012
Jkt 226001
Office of the Secretary
32 CFR Part 319
Privacy Act; Implementation
AGENCY:
Defense Intelligence Agency,
DoD.
Direct final rule with request for
comments.
ACTION:
Defense Intelligence Agency
(DIA) is updating the DIA Privacy Act
Program by adding the (k)(2) and (k)(5)
exemptions to accurately describe the
basis for exempting the records in the
system of records notice LDIA 12–0002,
Privacy and Civil Liberties Case
Management System.
This direct final rule makes nonsubstantive changes to the Defense
Intelligence Agency Program rules.
These changes will allow the
Department to add exemption rules to
the DIA Privacy Program rules that will
exempt applicable Department records
and/or material from certain portions of
the Privacy Act. This will improve the
efficiency and effectiveness of DoD’s
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
program by ensuring the integrity of the
security and counter-intelligence
records by the Defense Intelligence
Agency and the Department of Defense.
This rule is being published as a
direct final rule as the Department of
Defense does not expect to receive any
adverse comments, and so a proposed
rule is unnecessary.
DATES: The rule will be effective on
November 26, 2012 unless comments
are received that would result in a
contrary determination. Comments will
be accepted on or before November 16,
2012. If adverse comment is received,
DoD will publish a timely withdrawal of
the rule in the Federal Register.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
* Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
* Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
East Tower, Suite 02G09, Alexandria,
VA 22350–3100.
Instructions: All submissions received
must include the agency name and
docket number for this Federal Register
document. The general policy for
comments and other submissions from
members of the public is to make these
submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: Ms.
Theresa Lowery at Defense Intelligence
Agency, DAN 1–C, 600 MacDill Blvd.,
Washington, DC 20340–0001 or by
phone at (202) 231–1193.
SUPPLEMENTARY INFORMATION:
Direct Final Rule and Significant
Adverse Comments
DoD has determined this rulemaking
meets the criteria for a direct final rule
because it involves non-substantive
changes dealing with DoD’s
management of its Privacy Programs.
DoD expects no opposition to the
changes and no significant adverse
comments. However, if DoD receives a
significant adverse comment, the
Department will withdraw this direct
final rule by publishing a notice in the
Federal Register. A significant adverse
comment is one that explains: (1) Why
the direct final rule is inappropriate,
including challenges to the rule’s
underlying premise or approach; or (2)
why the direct final rule will be
ineffective or unacceptable without a
change. In determining whether a
comment necessitates withdrawal of
E:\FR\FM\17SER1.SGM
17SER1
Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations
this direct final rule, DoD will consider
whether it warrants a substantive
response in a notice and comment
process.
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
It has been determined that Privacy
Act rules for the Department of Defense
are not significant rules. The rules do
not (1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a sector of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another Agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs, or
the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in these Executive orders.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
It has been determined that Privacy
Act rules for the Department of Defense
do not have significant economic impact
on a substantial number of small entities
because they are concerned only with
the administration of Privacy Act
systems of records within the
Department of Defense.
tkelley on DSK3SPTVN1PROD with RULES
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been determined that Privacy
Act rules for the Department of Defense
impose no additional information
collection requirements on the public
under the Paperwork Reduction Act of
1995.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’. It
has been determined that Privacy Act
rules for the Department of Defense do
not involve a Federal mandate that may
result in the expenditure by State, local
and tribal governments, in the aggregate,
or by the private sector, of $100 million
or more and that such rulemaking will
not significantly or uniquely affect small
governments.
Executive Order 13132, ‘‘Federalism’’
It has been determined that Privacy
Act rules for the Department of Defense
do not have federalism implications.
The rules do not have substantial direct
effects on the States, on the relationship
between the National Government and
VerDate Mar<15>2010
16:41 Sep 14, 2012
Jkt 226001
the States, or on the distribution of
power and responsibilities among the
various levels of government.
DEPARTMENT OF DEFENSE
List of Subjects in 32 CFR Part 319
57017
[Docket ID DoD–2012–OS–0101]
Office of the Secretary
32 CFR Part 319
Privacy.
Accordingly, 32 CFR part 319 is
amended as follows:
Privacy Act; Implementation
PART 319—DEFENSE INTELLIGENCE
AGENCY PRIVACY PROGRAM
DoD.
ACTION:
1. The authority citation for 32 CFR
Part 319.13 continues to read as follows:
SUMMARY:
■
Authority: Pub. L. 93–579, 88 Stat. 1896
(5 U.S.C. 552a).
2. Section 319.13 is amended by
adding paragraph (k) to read as follows:
■
§ 319.13
Specific exemptions.
*
*
*
*
*
(k) System identifier and name: LDIA
12–0002, Privacy and Civil Liberties
Case Management System.
(1) Exemptions: Any portion of this
record system which falls within the
provisions of 5 U.S.C. 552a(k)(2)and
(k)(5) may be exempt from the following
subsections of 5 U.S.C. 552a:(c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I).
(2) Authority: 5 U.S.C. 552a(k)(2)and
(k)(5).
(3) The reasons for asserting these
exemptions is to ensure the integrity of
the privacy and civil liberties process.
The execution requires that information
be provided in a free and open manner
without fear of retribution or
harassment in order to facilitate a just,
thorough, and timely resolution of the
complaint or inquiry. Disclosures from
this system can enable individuals to
conceal their wrongdoing or mislead the
course of the investigation by
concealing, destroying, or fabricating
evidence or documents. In addition,
disclosures can subject sources and
witnesses to harassment or intimidation
which may cause individuals not to
seek redress for wrongs through privacy
and civil liberties channels for fear of
retribution or harassment.
Dated: September 10, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2012–22764 Filed 9–14–12; 8:45 am]
BILLING CODE 5001–06–P
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
AGENCY:
Defense Intelligence Agency,
Direct final rule with request for
comments.
Defense Intelligence Agency
(DIA) is proposing to update the DIA
Privacy Act Program by adding the
(k)(2) exemption to accurately describe
the basis for exempting the records in
the system of records notice LDIA 10–
0001, Equal Opportunity, Diversity and
Alternate Dispute Resolution Records.
This direct final rule makes
nonsubstantive changes to the Defense
Intelligence Agency Program rules. This
will improve the efficiency and
effectiveness of DoD’s program by
ensuring the integrity of the equal
opportunity program, alternate dispute
records and reasonable accommodation
cases conducted by the Defense
Intelligence Agency and the Department
of Defense. This rule is being published
as a direct final rule as the Department
of Defense does not expect to receive
any adverse comments, and so a
proposed rule is unnecessary.
DATES: The rule will be effective on
November 26, 2012 unless comments
are received that would result in a
contrary determination. Comments will
be accepted on or before November 16,
2012. If adverse comment is received,
DoD will publish a timely withdrawal of
the rule in the Federal Register.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
* Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
* Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
East Tower, Suite 02G09, Alexandria,
VA 22350–3100.
Instructions: All submissions received
must include the agency name and
docket number for this Federal Register
document. The general policy for
comments and other submissions from
members of the public is to make these
submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: Ms.
Theresa Lowery at (202) 231–1193.
E:\FR\FM\17SER1.SGM
17SER1
]]>Agencies
[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57016-57017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22764]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD-2012-OS-0103]
32 CFR Part 319
Privacy Act; Implementation
AGENCY: Defense Intelligence Agency, DoD.
ACTION: Direct final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: Defense Intelligence Agency (DIA) is updating the DIA Privacy
Act Program by adding the (k)(2) and (k)(5) exemptions to accurately
describe the basis for exempting the records in the system of records
notice LDIA 12-0002, Privacy and Civil Liberties Case Management
System.
This direct final rule makes non-substantive changes to the Defense
Intelligence Agency Program rules. These changes will allow the
Department to add exemption rules to the DIA Privacy Program rules that
will exempt applicable Department records and/or material from certain
portions of the Privacy Act. This will improve the efficiency and
effectiveness of DoD's program by ensuring the integrity of the
security and counter-intelligence records by the Defense Intelligence
Agency and the Department of Defense.
This rule is being published as a direct final rule as the
Department of Defense does not expect to receive any adverse comments,
and so a proposed rule is unnecessary.
DATES: The rule will be effective on November 26, 2012 unless comments
are received that would result in a contrary determination. Comments
will be accepted on or before November 16, 2012. If adverse comment is
received, DoD will publish a timely withdrawal of the rule in the
Federal Register.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
* Mail: Federal Docket Management System Office, 4800 Mark Center
Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the Internet
at https://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lowery at Defense
Intelligence Agency, DAN 1-C, 600 MacDill Blvd., Washington, DC 20340-
0001 or by phone at (202) 231-1193.
SUPPLEMENTARY INFORMATION:
Direct Final Rule and Significant Adverse Comments
DoD has determined this rulemaking meets the criteria for a direct
final rule because it involves non-substantive changes dealing with
DoD's management of its Privacy Programs. DoD expects no opposition to
the changes and no significant adverse comments. However, if DoD
receives a significant adverse comment, the Department will withdraw
this direct final rule by publishing a notice in the Federal Register.
A significant adverse comment is one that explains: (1) Why the direct
final rule is inappropriate, including challenges to the rule's
underlying premise or approach; or (2) why the direct final rule will
be ineffective or unacceptable without a change. In determining whether
a comment necessitates withdrawal of
[[Page 57017]]
this direct final rule, DoD will consider whether it warrants a
substantive response in a notice and comment process.
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been determined that Privacy Act rules for the Department of
Defense are not significant rules. The rules do not (1) Have an annual
effect on the economy of $100 million or more or adversely affect in a
material way the economy; a sector of the economy; productivity;
competition; jobs; the environment; public health or safety; or State,
local, or tribal governments or communities; (2) Create a serious
inconsistency or otherwise interfere with an action taken or planned by
another Agency; (3) Materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs, or the rights and
obligations of recipients thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in these Executive orders.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
It has been determined that Privacy Act rules for the Department of
Defense do not have significant economic impact on a substantial number
of small entities because they are concerned only with the
administration of Privacy Act systems of records within the Department
of Defense.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been determined that Privacy Act rules for the Department of
Defense impose no additional information collection requirements on the
public under the Paperwork Reduction Act of 1995.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''. It
has been determined that Privacy Act rules for the Department of
Defense do not involve a Federal mandate that may result in the
expenditure by State, local and tribal governments, in the aggregate,
or by the private sector, of $100 million or more and that such
rulemaking will not significantly or uniquely affect small governments.
Executive Order 13132, ``Federalism''
It has been determined that Privacy Act rules for the Department of
Defense do not have federalism implications. The rules do not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
List of Subjects in 32 CFR Part 319
Privacy.
Accordingly, 32 CFR part 319 is amended as follows:
PART 319--DEFENSE INTELLIGENCE AGENCY PRIVACY PROGRAM
0
1. The authority citation for 32 CFR Part 319.13 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
0
2. Section 319.13 is amended by adding paragraph (k) to read as
follows:
Sec. 319.13 Specific exemptions.
* * * * *
(k) System identifier and name: LDIA 12-0002, Privacy and Civil
Liberties Case Management System.
(1) Exemptions: Any portion of this record system which falls
within the provisions of 5 U.S.C. 552a(k)(2)and (k)(5) may be exempt
from the following subsections of 5 U.S.C. 552a:(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I).
(2) Authority: 5 U.S.C. 552a(k)(2)and (k)(5).
(3) The reasons for asserting these exemptions is to ensure the
integrity of the privacy and civil liberties process. The execution
requires that information be provided in a free and open manner without
fear of retribution or harassment in order to facilitate a just,
thorough, and timely resolution of the complaint or inquiry.
Disclosures from this system can enable individuals to conceal their
wrongdoing or mislead the course of the investigation by concealing,
destroying, or fabricating evidence or documents. In addition,
disclosures can subject sources and witnesses to harassment or
intimidation which may cause individuals not to seek redress for wrongs
through privacy and civil liberties channels for fear of retribution or
harassment.
Dated: September 10, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-22764 Filed 9-14-12; 8:45 am]
BILLING CODE 5001-06-P
