Privacy Act of 1974; Implementation, 31430-31431 [2021-12430]
Download as PDF
<![CDATA[
31430
Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations
Office of the Secretary
32 CFR Part 310
RIN 0790–AL16
[Docket ID: DoD–2021–OS–0030]
Privacy Act of 1974; Implementation
Office of the Secretary of
Defense, Department of Defense (DoD).
ACTION: Direct final rule.
AGENCY:
The DoD is amending this
part to remove the exemption rules
associated with five systems of records
established for the Defense Manpower
Data Center (DMDC) under the Privacy
Act of 1974, as amended. Elsewhere in
today’s issue of the Federal Register, the
DoD is giving concurrent notice of the
rescindment of these same five DMDC
systems of records notices. The DoD is
also amending this part to remove the
exemption rules associated with eight
Privacy Act system of records notices
previously rescinded by the DoD. This
rule is being published as a direct final
rule as the Department does not expect
to receive any adverse comments. If
such comments are received, this direct
final rule will be withdrawn and a
proposed rule for comments will be
published.
SUMMARY:
This rule is effective August 23,
2021 unless comments are received that
would result in a contrary
determination. Comments will be
accepted on or before August 13, 2021.
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: The DoD cannot receive
written comments at this time due to the
COVID–19 pandemic. Comments should
be sent electronically to the docket
listed above.
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.
lotter on DSK11XQN23PROD with RULES1
DATES:
FOR FURTHER INFORMATION CONTACT:
Ms.
Lyn Kirby, OSD.DPCLTD@mail.mil;
(703) 571–0070.
VerDate Sep<11>2014
16:08 Jun 11, 2021
The
Privacy Act permits Federal agencies to
exempt eligible records in a system of
records from certain provisions of the
Act, including the provisions providing
individuals with a right to request
access to and amendment of their own
records and accountings of disclosures
of such records. If an agency intends to
exempt a particular system of records, it
must first go through the rulemaking
process to provide public notice and an
opportunity to comment on the
proposed exemption. The Office of the
Secretary is modifying 32 CFR part 310.
The rules explain why exemptions are
being claimed for the associated system
of records. During the rulemaking
process, the public are invited to
provide comments, which DoD will
consider before the issuance of a final
rule implementing those exemptions.
The final rules implementing
exemptions for DoD systems of records
are codified in DoD’s privacy regulation
at 32 CFR part 310.
When a system of records is no longer
required to be collected or maintained,
the system of records may be
discontinued. The notice for that system
of record is rescinded in the Federal
Register, and the records covered by the
rescinded system of records are lawfully
transferred or disposed of in accordance
with requirements. At the time of
rescindment or following rescindment
of the system of records notice, Federal
agencies will seek also to rescind the
associated exemption rules within the
Code of Federal Regulations.
This rule is being published as a
direct final rule as the Department does
not expect to receive any significant
adverse comments. If such comments
are received, this direct final rule will
be cancelled and a proposed rule for
comments will be published. If no such
comments are received, this direct final
rule will become effective ten days after
the comment period expires.
For purposes of this rulemaking, a
significant adverse comment is one that
explains (1) why the 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 significant adverse comment
necessitates withdrawal of this direct
final rule, the Department will consider
whether the comment raises an issue
serious enough to warrant a substantive
response had it been submitted in a
standard notice-and-comment process.
A comment recommending an addition
to the rule will not be considered
significant and adverse unless the
comment explains how this direct final
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
Jkt 253001
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
rule would be ineffective without the
addition.
The DoD is modifying 32 CFR part
310 by rescinding the following
regulation provisions in their entirety
due to the underlying systems of records
notices being rescinded (concurrently
by associated public notice) or having
been previously rescinded through
public notice:
• 32 CFR 310.16(a)(12), System
identifier and name. N05520–1,
Personnel Security Eligibility
Information System.
• 32 CFR 310.20(b)(5), System
identifier and name. LDIA 10–0001,
Equal Opportunity, Diversity and
Alternate Dispute Resolution Records.
• 32 CFR 310.29(b)(2), System
identifier and name. JS006.CND,
Department of Defense Counternarcotics
C4I System.
• 32 CFR 310.29(c)(1), System
identifier and name. DGC 16, Political
Appointment Vetting Files.
• 32 CFR 310.29(c)(4), System
identifier and name. DWHS P32,
Standards of Conduct Inquiry File.
• 32 CFR 310.29(c)(5), System
identifier and name. DUSDP 02, Special
Personnel Security Cases.
• 32 CFR 310.29(c)(7), System
identifier and name. DGC 20, DoD
Presidential Appointee Vetting File.
• 32 CFR 310.29(c)(15), System
identifier and name. DCIFA 01, CIFA
Operational and Analytical Records.
• 32 CFR 310.29(c)(17), System
identifier and name. DMDC 11,
Investigative Records Repository.
• 32 CFR 310.29(c)(18), System
identifier and name, DMDC 12 DoD,
Joint Personnel Adjudication System
(JPAS).
• 32 CFR 310.29(c)(20), System
identifier and name, DMDC 13 DoD,
Defense Clearance and Investigations
Index (referenced in today’s concurrent
notice as DMDC 13 DoD, Defense
Central Index of Invstigations (DCII)).
• 32 CFR 310.29(c)(23), System
identifier and name. DMDC 17 DoD,
Continuous Evaluation Records for
Personnel Security.
• 32 CFR 310.29(c)(27), System
identifier and name. DMDC 24 DoD,
Defense Information System for Security
(DISS).
Regulatory Analysis
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
E:\FR\FM\14JNR1.SGM
14JNR1
Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. It has been determined that
this rule is not a significant regulatory
action.
Congressional Review Act
This rule does 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 310
Privacy.
Accordingly, 32 CFR part 310 is
amended as follows:
This rule is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
PART 310—[AMENDED]
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
■
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been determined that this rule
does not impose additional information
collection requirements on the public
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been determined that this rule
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 it will not
significantly or uniquely affect small
governments.
Authority: 5 U.S.C. 552a.
§ 310.16
[Amended]
2. Amend § 310.16 by removing and
reserving paragraph (a)(12).
■
§ 310.20
[Amended]
3. Amend § 310.20 by removing and
reserving paragraph (b)(5).
■
§ 310.29
[Amended]
4. Amend § 310.29 by removing and
reserving paragraphs (b)(2) and (c)(1),
(4), (5), (7), (15), (17), (18), (20), (23),
and (27).
■
Dated: June 9, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2021–12430 Filed 6–11–21; 8:45 am]
BILLING CODE 5001–06–P
Executive Order 13132, ‘‘Federalism’’
It has been determined that this rule
does not have federalism implications.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0295]
Safety Zones; Recurring Safety Zones
in Captain of the Port Sault Sainte
Marie Zone for Events Beginning in
July 2021
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
1. The authority citation for part 310
continues to read as follows:
It has been certified that Privacy Act
rules for the DoD 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 DoD.
31431
The Coast Guard will enforce
established safety zones for maritime
events starting in July 2021 to provide
for the safety of life on navigable
waterways. Our regulation for safety
zones within the Captain of the Port
Sault Sainte Marie Zone identifies the
regulated area for these safety zones.
During the enforcement periods, vessels
must stay out of the established safety
zone and may only enter with
permission from the designated
representative of the Captain of the Port
Sault Sainte Marie.
DATES: The regulations in 33 CFR
165.918 will be enforced for the safety
zones identified in Table 1 of the
SUPPLEMENTARY INFORMATION section
below for the dates and times specified.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
publication, call or email LT Deaven
Palenzuela, Waterways Management
division chief, Coast Guard Sector Sault
Sainte Marie, U.S. Coast Guard;
telephone 906–635–3223, email
ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zones in
33 CFR 165.918 as per the time, dates,
and locations in Table 1.
SUMMARY:
TABLE 1
[Datum NAD 1983]
Event
Location
Event date
(6) National Cherry Festival Finale
Fireworks, Traverse City, MI.
All U.S. navigable waters of the West Arm of Grand Traverse Bay
within the arc of a circle with an approximate 1,200-foot radius
from the fireworks launch site located on a barge in position
46°46′12″ N, 085°37′06″ W.
All U.S. navigable waters of the St. Marys River within an approximate 1,400-foot radius from the fireworks launch site, centered approximately 160 yards north of the U.S. Army Corp of Engineers
Soo Locks North East Pier, at position 46°30′20.40″ N,
084°20′17.64″ W.
All U.S. navigable waters of Marquette Harbor within an approximate
1,200-foot radius of the fireworks launch site, centered in position
46°32′23.0″ N, 087°23′13.1″ W.
On July 10, 2021 from 10 p.m. to
10:30 p.m.
lotter on DSK11XQN23PROD with RULES1
(7) Canada Day Celebration Fireworks; Sault Sainte Marie, MI.
(8) Marquette Fourth of July Celebration Fireworks, Marquette, MI.
VerDate Sep<11>2014
16:08 Jun 11, 2021
Jkt 253001
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
E:\FR\FM\14JNR1.SGM
On July 1, 2021 from 10 p.m. to
11 p.m.
On July 4, 2021 from 10:30 p.m.
to 11 p.m.
14JNR1
]]>Agencies
[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Rules and Regulations]
[Pages 31430-31431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12430]
[[Page 31430]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
RIN 0790-AL16
[Docket ID: DoD-2021-OS-0030]
Privacy Act of 1974; Implementation
AGENCY: Office of the Secretary of Defense, Department of Defense
(DoD).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The DoD is amending this part to remove the exemption rules
associated with five systems of records established for the Defense
Manpower Data Center (DMDC) under the Privacy Act of 1974, as amended.
Elsewhere in today's issue of the Federal Register, the DoD is giving
concurrent notice of the rescindment of these same five DMDC systems of
records notices. The DoD is also amending this part to remove the
exemption rules associated with eight Privacy Act system of records
notices previously rescinded by the DoD. This rule is being published
as a direct final rule as the Department does not expect to receive any
adverse comments. If such comments are received, this direct final rule
will be withdrawn and a proposed rule for comments will be published.
DATES: This rule is effective August 23, 2021 unless comments are
received that would result in a contrary determination. Comments will
be accepted on or before August 13, 2021.
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: The DoD cannot receive written comments at this time due to
the COVID-19 pandemic. Comments should be sent electronically to the
docket listed above.
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: Ms. Lyn Kirby, [email protected];
(703) 571-0070.
SUPPLEMENTARY INFORMATION: The Privacy Act permits Federal agencies to
exempt eligible records in a system of records from certain provisions
of the Act, including the provisions providing individuals with a right
to request access to and amendment of their own records and accountings
of disclosures of such records. If an agency intends to exempt a
particular system of records, it must first go through the rulemaking
process to provide public notice and an opportunity to comment on the
proposed exemption. The Office of the Secretary is modifying 32 CFR
part 310. The rules explain why exemptions are being claimed for the
associated system of records. During the rulemaking process, the public
are invited to provide comments, which DoD will consider before the
issuance of a final rule implementing those exemptions. The final rules
implementing exemptions for DoD systems of records are codified in
DoD's privacy regulation at 32 CFR part 310.
When a system of records is no longer required to be collected or
maintained, the system of records may be discontinued. The notice for
that system of record is rescinded in the Federal Register, and the
records covered by the rescinded system of records are lawfully
transferred or disposed of in accordance with requirements. At the time
of rescindment or following rescindment of the system of records
notice, Federal agencies will seek also to rescind the associated
exemption rules within the Code of Federal Regulations.
This rule is being published as a direct final rule as the
Department does not expect to receive any significant adverse comments.
If such comments are received, this direct final rule will be cancelled
and a proposed rule for comments will be published. If no such comments
are received, this direct final rule will become effective ten days
after the comment period expires.
For purposes of this rulemaking, a significant adverse comment is
one that explains (1) why the 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 significant adverse comment necessitates
withdrawal of this direct final rule, the Department will consider
whether the comment raises an issue serious enough to warrant a
substantive response had it been submitted in a standard notice-and-
comment process. A comment recommending an addition to the rule will
not be considered significant and adverse unless the comment explains
how this direct final rule would be ineffective without the addition.
The DoD is modifying 32 CFR part 310 by rescinding the following
regulation provisions in their entirety due to the underlying systems
of records notices being rescinded (concurrently by associated public
notice) or having been previously rescinded through public notice:
32 CFR 310.16(a)(12), System identifier and name. N05520-
1, Personnel Security Eligibility Information System.
32 CFR 310.20(b)(5), System identifier and name. LDIA 10-
0001, Equal Opportunity, Diversity and Alternate Dispute Resolution
Records.
32 CFR 310.29(b)(2), System identifier and name.
JS006.CND, Department of Defense Counternarcotics C4I System.
32 CFR 310.29(c)(1), System identifier and name. DGC 16,
Political Appointment Vetting Files.
32 CFR 310.29(c)(4), System identifier and name. DWHS P32,
Standards of Conduct Inquiry File.
32 CFR 310.29(c)(5), System identifier and name. DUSDP 02,
Special Personnel Security Cases.
32 CFR 310.29(c)(7), System identifier and name. DGC 20,
DoD Presidential Appointee Vetting File.
32 CFR 310.29(c)(15), System identifier and name. DCIFA
01, CIFA Operational and Analytical Records.
32 CFR 310.29(c)(17), System identifier and name. DMDC 11,
Investigative Records Repository.
32 CFR 310.29(c)(18), System identifier and name, DMDC 12
DoD, Joint Personnel Adjudication System (JPAS).
32 CFR 310.29(c)(20), System identifier and name, DMDC 13
DoD, Defense Clearance and Investigations Index (referenced in today's
concurrent notice as DMDC 13 DoD, Defense Central Index of
Invstigations (DCII)).
32 CFR 310.29(c)(23), System identifier and name. DMDC 17
DoD, Continuous Evaluation Records for Personnel Security.
32 CFR 310.29(c)(27), System identifier and name. DMDC 24
DoD, Defense Information System for Security (DISS).
Regulatory Analysis
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is
[[Page 31431]]
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distribute impacts, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility. It
has been determined that this rule is not a significant regulatory
action.
Congressional Review Act
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
It has been certified that Privacy Act rules for the DoD 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 DoD.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been determined that this rule does not impose additional
information collection requirements on the public under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been determined that this rule 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 it will not significantly or uniquely affect
small governments.
Executive Order 13132, ``Federalism''
It has been determined that this rule does not have federalism
implications. This rule does 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 310
Privacy.
Accordingly, 32 CFR part 310 is amended as follows:
PART 310--[AMENDED]
0
1. The authority citation for part 310 continues to read as follows:
Authority: 5 U.S.C. 552a.
Sec. 310.16 [Amended]
0
2. Amend Sec. 310.16 by removing and reserving paragraph (a)(12).
Sec. 310.20 [Amended]
0
3. Amend Sec. 310.20 by removing and reserving paragraph (b)(5).
Sec. 310.29 [Amended]
0
4. Amend Sec. 310.29 by removing and reserving paragraphs (b)(2) and
(c)(1), (4), (5), (7), (15), (17), (18), (20), (23), and (27).
Dated: June 9, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2021-12430 Filed 6-11-21; 8:45 am]
BILLING CODE 5001-06-P
