Approval and Promulgation of Implementation Plans, 11396 [2023-03689]
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Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Rules and Regulations
Federal contractors; State, local, and
tribal governments; and other persons
resulting from the collection of
information by or for the Federal
Government. The Act requires agencies
obtain approval from the Office of
Management and Budget before using
identical questions to collect
information from ten or more persons.
This rule does not impose reporting or
recordkeeping requirements on the
public.
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a rule
that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has federalism implications.
This rule will not have a substantial
effect on State and local governments.
Executive Order 13175, ‘‘Consultation
and Coordination With Indian Tribal
Governments’’
Executive Order 13175 establishes
certain requirements that an agency
must meet when it promulgates a rule
that imposes substantial direct
compliance costs on one or more Indian
tribes, preempts tribal law, or affects the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. This rule
will not have a substantial effect on
Indian tribal governments.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, 32 CFR part 310 is
amended as follows:
PART 310—PROTECTION OF PRIVACY
AND ACCESS TO AND AMENDEMENT
OF INDIVIDUAL RECORDS UNDER
THE PRIVACY ACT OF 1974
1. The authority citation for part 310
continues to read as follows:
■
Authority: 5 U.S.C. 552a.
2. Section 310.13 is amended by
adding paragraph (e)(13) to read as
follows:
■
§ 310.13 Exemptions for DoD-wide
systems.
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(e) * * *
(13) System identifier and name.
DoD–0017, ‘‘Privacy and Civil Liberties
Complaints and Correspondence.’’
(i) Exemptions. This system of records
is exempt from 5 U.S.C. 552a(c)(3);
(d)(1), (2), (3), and (4); (e)(1); (e)(4)(G),
(H), and (I); and (f).
(ii) Authority. 5 U.S.C. 552a(k)(1).
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(iii) Exemption from the particular
subsections. Exemption from the
particular subsections of the Privacy Act
of 1974, as amended, pursuant to
exemption (k)(1) is justified for the
following reasons:
(A) Subsections (c)(3), (d)(1), and
(d)(2). Records in this system of records
may contain information concerning
individuals that is properly classified
pursuant to executive order.
Application of exemption (k)(1) for such
records may be necessary because
access to and amendment of the records,
or release of the accounting of
disclosures for such records, could
reveal classified information. Disclosure
of classified records to an individual
may cause damage to national security.
Accordingly, application of exemption
(k)(1) may be necessary.
(B) Subsections (d)(3) and (4). These
subsections are inapplicable to the
extent an exemption is claimed from
(d)(1) and (d)(2).
(C) Subsection (e)(1). Records within
this system may be properly classified
pursuant to executive order. In the
collection of information for privacy
and civil liberties complaints or
correspondence, it is not always
possible to conclusively determine the
relevance and necessity of particular
information in the early stages of
gathering information to respond to the
correspondence or complaint.
Additionally, disclosure of classified
records to an individual may cause
damage to national security.
Accordingly, application of exemption
(k)(1) may be necessary.
(D) Subsections (e)(4)(G) and (H) and
Subsection (f). These subsections are
inapplicable to the extent exemption is
claimed from the access and
amendment provisions of subsection
(d). Because portions of this system are
exempt from the individual access and
amendment provisions of subsection (d)
for the reasons noted above, DoD is not
required to establish requirements,
rules, or procedures with respect to
such access or amendment provisions.
Providing notice to individuals with
respect to the existence of records
pertaining to them in the system of
records or otherwise setting up
procedures pursuant to which
individuals may access, view, and seek
to amend records pertaining to
themselves in the system would
potentially undermine national security
and the confidentiality of classified
information. Accordingly, application of
exemption (k)(1) may be necessary.
(E) Subsection (e)(4)(I). To the extent
that this provision is construed to
require more detailed disclosure than
the broad information currently
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published in the system notice
concerning categories of sources of
records in the system, an exemption
from this provision is necessary to
protect national security and the
confidentiality of sources and methods,
and other classified information.
(iv) Exempt records from other
systems. In the course of carrying out
the overall purpose for this system,
exempt records from other systems of
records may in turn become part of the
records maintained in this system. To
the extent that copies of exempt records
from those other systems of records are
maintained in this system, the DoD
claims the same exemptions for the
records from those other systems that
are entered into this system, as claimed
for the prior system(s) of which they are
a part, provided the reason for the
exemption remains valid and necessary.
Dated: February 17, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2023–03744 Filed 2–22–23; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval and Promulgation of
Implementation Plans
CFR Correction
This rule is being published by the
Office of the Federal Register to correct
an editorial or technical error that
appeared in the most recent annual
revision of the Code of Federal
Regulations.
In Title 40 of the Code of Federal
Regulations, part 52 (§ 52.2020 to the
end of part 52), revised as of July 1,
2022, in § 52.2275, remove the first
paragraph (m).
[FR Doc. 2023–03689 Filed 2–22–23; 8:45 am]
BILLING CODE 0099–10–P
E:\FR\FM\23FER1.SGM
23FER1
Agencies
[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Rules and Regulations]
[Page 11396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03689]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
Approval and Promulgation of Implementation Plans
CFR Correction
This rule is being published by the Office of the Federal Register
to correct an editorial or technical error that appeared in the most
recent annual revision of the Code of Federal Regulations.
In Title 40 of the Code of Federal Regulations, part 52 (Sec.
52.2020 to the end of part 52), revised as of July 1, 2022, in Sec.
52.2275, remove the first paragraph (m).
[FR Doc. 2023-03689 Filed 2-22-23; 8:45 am]
BILLING CODE 0099-10-P