Privacy Act of 1974; Implementation, 42234-42237 [2023-13969]
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
IV. Unfunded Mandates Reform Act
PART 1—INCOME TAXES
Section 202 of the Unfunded
Mandates Reform Act of 1995 requires
that agencies assess anticipated costs
and benefits and take certain other
actions before issuing a final rule that
includes any Federal mandate that may
result in expenditures in any one year
by a state, local, or tribal government, in
the aggregate, or by the private sector, of
$100 million in 1995 dollars, updated
annually for inflation. This rule does
not include any Federal mandate that
may result in expenditures by state,
local, or tribal governments, or by the
private sector in excess of that
threshold.
■
V. Executive Order 13132: Federalism
Executive Order 13132 (entitled
‘‘Federalism’’) prohibits an agency from
publishing any rule that has federalism
implications if the rule either imposes
substantial, direct compliance costs on
state and local governments, and is not
required by statute, or preempts state
law, unless the agency meets the
consultation and funding requirements
of section 6 of the Executive order. This
regulation does not have federalism
implications and does not impose
substantial direct compliance costs on
state and local governments or preempt
state law within the meaning of the
Executive order.
Statement of Availability of IRS
Documents
IRS Notices and other guidance cited
in this preamble are published in the
Internal Revenue Bulletin (or
Cumulative Bulletin) and are available
from the Superintendent of Documents,
U.S. Government Publishing Office,
Washington, DC 20402, or by visiting
the IRS website at https://www.irs.gov.
Drafting Information
The principal authors of these
regulations are D. Peter Merkel and
Caleb W. Trimm of the Office of
Associate Chief Counsel (International).
However, other personnel from the IRS
and Treasury Department participated
in their development.
ddrumheller on DSK120RN23PROD with RULES1
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Adoption of Amendments to the
Regulations
Accordingly, the Treasury Department
and IRS amend 26 CFR part 1 as
follows:
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Paragraph 1. The authority citation
for part 1 is amended by revising the
entry for § 1.882–5 to read in part as
follows:
Authority: 26 U.S.C. 7805 * * *
*
*
*
*
*
Section 1.882–5 also issued under 26
U.S.C. 882(c), 26 U.S.C. 864(e), 26 U.S.C.
988(d), and 26 U.S.C. 7701(l).
*
*
*
*
*
Par. 2. Section 1.882–5 is amended by
revising the fourth sentence of
paragraph (a)(7)(i) and paragraphs
(d)(5)(ii)(B) and (f) to read as follows:
■
§ 1.882–5 Determination of interest
deduction.
(a) * * *
(7) * * *
(i) * * * An elected method (other
than the fair market value method under
paragraph (b)(2)(ii) of this section, or the
published rate election in paragraph
(d)(5)(ii) of this section) must be used
for a minimum period of five years
before the taxpayer may elect a different
method. * * *
*
*
*
*
*
(d) * * *
(5) * * *
(ii) * * *
(B) Annual published rate election—
(1) In general. For each taxable year in
which a taxpayer is a bank within the
meaning of section 585(a)(2)(B) (without
regard to the second sentence of section
585(a)(2)(B) or whether any such
activities are effectively connected with
a trade or business within the United
States), the taxpayer may elect to
compute the interest expense
attributable to excess U.S.-connected
liabilities by using the average
published one-month Term Secured
Overnight Financing Rate published by
the Chicago Mercantile Exchange Group
Benchmark Administration, Ltd. (or any
successor administrator) (‘‘Term SOFR’’)
for the taxable year, plus a static spread
adjustment of 0.11448%, rather than the
interest rate provided in paragraph
(d)(5)(ii)(A) of this section. A taxpayer
may elect to apply the rate provided in
this paragraph (d)(5)(ii)(B) on an annual
basis and does not require the consent
of the Commissioner to change this
election in a subsequent taxable year. If
a taxpayer that is eligible to make the
published rate election either does not
file a timely return or files a calculation
with no excess U.S.-connected liabilities
and it is later determined by the
Director of Field Operations that the
taxpayer has excess U.S.-connected
liabilities, then the Director of Field
Operations will apply the interest rate
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provided under this paragraph
(d)(5)(ii)(B) to the taxpayer’s excess
U.S.-connected liabilities in
determining interest expense.
(2) Transitional rule for taxable years
including June 30, 2023. For a taxable
year that includes June 30, 2023, a
taxpayer that makes the annual
published rate election must compute
the interest expense attributable to
excess U.S.-connected liabilities by
ratably using the average 30-day U.S.
dollar London Interbank Offered Rate
for the portion of its taxable year ending
on June 30, 2023, and the average onemonth Term SOFR, plus a static spread
adjustment of 0.11448%, for the portion
of its taxable year beginning on July 1,
2023.
*
*
*
*
*
(f) Applicability date—(1) General
rule. Except as provided in paragraph
(f)(3) of this section, this section is
applicable for tax years ending on or
after August 15, 2009. A taxpayer,
however, may choose to apply § 1.882–
5T, rather than applying the regulations
in this section, for any taxable year
beginning on or after August 16, 2008,
but before August 15, 2009.
(2) [Reserved]
(3) Applicability date for published
rate election. Paragraphs (a)(7)(i) and
(d)(5)(ii)(B) of this section apply to
taxable years ending after June 30, 2023.
For taxable years ending before July 1,
2023, see § 1.882–5(d)(5)(ii)(B) (as
contained in 26 CFR part 1, revised as
of April 1, 2023).
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
Approved: June 19, 2023.
Lily Batchelder,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2023–13890 Filed 6–29–23; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DOD–2023–OS–0044]
RIN 0790–AL54
Privacy Act of 1974; Implementation
Office of the Secretary of
Defense, Department of Defense (DoD).
ACTION: Direct final rule.
AGENCY:
The DoD is amending its
regulations to remove the exemption
rules associated with 14 systems of
SUMMARY:
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
records notices (SORNs) established for
the DoD Components listed in the
SUPPLEMENTARY INFORMATION section,
under the Privacy Act of 1974, as
amended.
Elsewhere in this issue of the Federal
Register, the DoD is giving concurrent
notice of the rescindment of 26 SORNs,
including those that correspond to the
exemption rules being removed by this
rule amendment. 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: The rule is effective on
September 8, 2023, unless comments are
received that would result in a contrary
determination. Comments will be
accepted on or before August 29, 2023.
ADDRESSES: You may submit comments,
identified by docket number, Regulation
Identifier Number (RIN), and title, by
any of the following methods.
* Federal Rulemaking Portal: https://
www.regulations.gov.
Follow the instructions for submitting
comments.
* Mail: Department of Defense, Office
of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and
Transparency, Regulatory Directorate,
4800 Mark Center Drive, Attn: Mailbox
24, Suite 08D09, Alexandria, VA 22350–
1700.
Instructions: All submissions received
must include the agency name and
docket number or 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.
Ms.
Rahwa Keleta, OSD.DPCLTD@mail.mil,
(703) 571–0070.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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I. Privacy Act Exemption
The DoD is amending 32 CFR part 310
to remove the exemption rules
associated with the following 14
systems of records notices (SORNs)
established for the DoD Components.
Department of the Air Force SORNs
System identifier and name. F051 AFJA I,
Military Justice and Magistrate Court
Records
System identifier and name. F033 AF A,
Information Requests—Freedom of
Information Act
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System identifier and name. F033 AF B,
Privacy Act Request File
Department of the Army SORN
System identifier and name. A0340–21 OAA,
Privacy Case Files
Department of the Navy SORNs
System identifier and name. NM05211–1,
Privacy Act Request/Amendment Files and
Tracking System
System identifier and name. NM05720–1,
FOIA Request/Appeal Files and Tracking
System
Defense Intelligence Agency SORN
System identifier and name. LDIA 0010,
Information Requests-Freedom of
Information Act (FOIA) and Privacy Act
Defense Logistics Agency SORN
System identifier and name. S510.30,
Freedom of Information Act/Privacy Act
Requests and Administrative Appeal
Records
Defense Security Service SORN
System identifier and name. V1–01, Privacy
and Freedom of Information Request
Records
Defense Threat Reduction Agency
SORN
System identifier and name. HDTRA 021,
Freedom of Information Act and Privacy
Act Case Files
National Guard Bureau SORN
System identifier and name. INGB 001,
Freedom of Information Act (FOIA) and
Privacy Act (PA) Case Files
Office of the Inspector General SORN
System identifier and name. CIG–01, Privacy
Act and Freedom of Information Act Case
Files
Office of the Secretary of Defense
SORNs
System identifier and name. DWHS E02,
Freedom of Information Act (FOIA) Case
Files
System identifier and name. DWHS E04,
Privacy Act Case Files
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
exemption.
When a system of records is no longer
required to be collected or maintained,
the system of records may be
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42235
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 applicable requirements. At the
time of rescindment or following
rescindment for the system of records
notice, Federal agencies will seek to also
rescind the associated exemption rules
within the Code of Federal Regulations.
II. Direct Final Rulemaking
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 10 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 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 SORNs being
rescinded (most of them concurrently by
associated public notice):
• 32 CFR 310.14(e)(7), System
identifier and name. F051 AF JA F,
Courts—Martial and Article 15 Records.
• 32 CFR 310.14(f)(20), System
identifier and name. F033 AF A,
Information Requests—Freedom of
Information Act.
• 32 CFR 310.14(f)(21), System
identifier and name. F033 AF B, Privacy
Act Request Files.
• 32 CFR 310.15(g)(21), System
identifier and name. A0340–21 OAA,
Privacy Case Files.
• 32 CFR 310.16(a)(22), System
identifier and name. NM05211–1,
Privacy Act Request Files and Tracking
System.
• 32 CFR 310.16(a)(23), System
identifier and name. NM05720–1, FOIA
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Request/Appeal Files and Tracking
System.
• 32 CFR 310.20(b)(8), System
identifier and name. LDIA 0010,
Information Requests—Freedom of
Information Act (FOIA) and Privacy Act.
• 32 CFR 310.21(c)(6), System
identifier and name. S510.30, Freedom
of Information Act/Privacy Act Requests
and Administrative Appeal Records.
• 32 CFR 310.22(b)(1), System
identifier and name. V1–01, Privacy and
Freedom of Information Request
Records.
• 32 CFR 310.23(a)(3), System
identifier and name. HDTRA 021,
Freedom of Information Act and Privacy
Act Request Case Files.
• 32 CFR 310.25(e)(1), System
identifier and name. INGB 001, Freedom
of Information Act (5 U.S.C.) and
Privacy Act (5 U.S.C. 552a) Case Files.
• 32 CFR 310.28(c)(5), System
identifier and name. CIG 01, Privacy Act
and Freedom of Information Act Case
Files.
• 32 CFR 310.29(c)(12), System
identifier and name. DFOISR 05,
Freedom of Information Act Case Files.
• 32 CFR 310.29(c)(13), System
identifier and name. DFOISR 10,
Privacy Act Case Files.
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
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 under these Executive orders.
ddrumheller on DSK120RN23PROD with RULES1
Congressional Review Act (5 U.S.C.
804(2))
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. DoD will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
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the Comptroller General of the United
States. A major rule may take effect no
earlier than 60 calendar days after
Congress receives the rule report or the
rule is published in the Federal
Register, whichever is later. This rule is
not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies to
assess anticipated costs and benefits
before issuing any rule whose mandates
may result in the expenditure by State,
local, and tribal governments in the
aggregate, or by the private sector, in
any one year of $100 million in 1995
dollars, updated annually for inflation.
This rule will not mandate any
requirements for State, local, or tribal
governments, nor will it affect private
sector costs.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601 et seq.)
The Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and
Transparency has certified that this rule
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.
This rule is concerned only with the
administration of Privacy Act systems of
records within the DoD. Therefore, the
Regulatory Flexibility Act, as amended,
does not require DoD to prepare a
regulatory flexibility analysis.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 501
et seq.)
The Paperwork Reduction Act (PRA)
(44 U.S.C. 3501 et seq.) was enacted to
minimize the paperwork burden for
individuals; small businesses;
educational and nonprofit institutions;
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
to 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
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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 AMENDMENT
OF INDIVIDUAL RECORDS UNDER
THE PRIVACY ACT OF 1974
1. The authority citation for 32 CFR
part 310 continues to read as follows:
■
Authority: 5 U.S.C. 552a.
§ 310.14
[Amended]
2. Amend § 310.14 by removing and
reserving paragraphs (e)(7) and (f)(20)
and (21).
■
§ 310.15
[Amended]
3. Amend § 310.15 by removing and
reserving paragraph (g)(21).
■
§ 310.16
[Amended]
4. Amend § 310.16 by removing and
reserving paragraphs (a)(22) and (23).
■
§ 310.20
[Amended]
5. Amend § 310.20 by removing and
reserving paragraph (b)(8).
■
§ 310.21
[Amended]
6. Amend § 310.21 by removing and
reserving paragraph (c)(6).
■
§ 310.22
[Amended]
7. Amend § 310.22 by removing and
reserving paragraph (b)(1).
■
§ 310.23
[Amended]
8. Amend § 310.23 by removing
paragraph (a)(3).
■
§ 310.25
[Amended]
9. Amend § 310.25 by removing and
reserving paragraph (e)(1).
■
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
§ 310.28
[Amended]
§ 310.29
[Amended]
11. Amend § 310.29 by removing and
reserving paragraphs (c)(12) and (13).
■
Dated: June 27, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2023–13969 Filed 6–29–23; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
I. Table of Abbreviations
Coast Guard
33 CFR Part 147
[Docket Number USCG–2023–0277]
RIN 1625–AA00
Safety Zone; Vineyard Wind 1 Wind
Farm Project Area, Outer Continental
Shelf, Lease OCS–A 0501, Offshore
Massachusetts, Atlantic Ocean
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing 63 temporary 500-meter
safety zones around the construction of
62 wind turbine generators (WTGs) and
one electrical service platform (ESP)
located in the Vineyard Wind 1 Wind
Farm (VW1WF) project area within
federal waters on the Outer Continental
Shelf (OCS), specifically in the northern
portion of Bureau of Ocean Energy
Management (BOEM) Renewable Energy
Lease Area OCS–A 0501, approximately
12 nautical miles (NM) offshore of
Martha’s Vineyard, Massachusetts and
12 NM offshore Nantucket,
Massachusetts. This action is necessary
to provide for the safety of life, property,
and the environment during the
planned construction of each facility’s
monopile type foundation and
subsequent installation of the WTGs
turbines and ESP platform from June 27,
2023, to May 31, 2024. When enforced,
only attending vessels and those vessels
specifically authorized by the First
Coast Guard District Commander, or a
designated representative, are permitted
to enter or remain in the temporary
safety zones.
DATES: This rule is effective without
actual notice from June 30, 2023,
through 11:59 p.m. on May 31, 2024.
For the purposes of enforcement, actual
notice will be used from June 27, 2023,
until June 30, 2023.
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SUMMARY:
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0277 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Mr. Craig
Lapiejko, Waterways Management, at
Coast Guard First District, telephone
617–603–8592, email craig.d.lapiejko@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
10. Amend § 310.28 by removing and
reserving paragraph (c)(5).
■
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BOEM Bureau of Ocean Energy
Management
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
EIS Environmental Impact Statement
FR Federal Register
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
OSS Offshore Substation
LNM Local Notice to Mariners
NAD 83 North American Datum of 1983
NM Nautical Mile
§ Section
SMIB Safety Marine Information Broadcast
U.S.C. United States Code
WTG Wind Turbine Generator
VHF–FM Very High Frequency—Frequency
Modulation
VW1WF Vineyard Wind 1 Wind Farm
II. Background, Purpose, and Legal
Basis
On March 15, 2023, Vineyard Wind,
LLC, an offshore wind farm developer,
notified the Coast Guard that they plan
to begin construction of facilities in the
VW1WF project area within federal
waters on the OCS, specifically in the
northern portion of BOEM Renewable
Energy Lease Area OCS–A 0501,
approximately 12 NM offshore Martha’s
Vineyard, Massachusetts and 12 NM
offshore Nantucket, Massachusetts in
June 2023.
After determining that establishment
of safety zones was necessary to provide
for the safety of life, property, and the
environment during the anticipated
construction of the structures, on May 3,
2023, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Safety Zone; Vineyard Wind 1
Wind Farm Project Area, Outer
Continental Shelf, Lease OCS–A 0501,
Offshore Massachusetts, Atlantic
Ocean’’ (88 FR 27839). There we
explained the basis for the NPRM and
invited comments on our proposed
regulatory action related to the
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42237
establishment of safety zones around the
construction of 62 WTGs and one ESP
located in the VW1WF project area. Five
comments were received during the
comment period that ended June 2,
2023.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The comment period for the
NPRM associated with the VW1WF
project area ended on June 2, 2023, and
construction for the project has already
begun. Thus, there is insufficient time to
allow for 30-days before the rule
becomes effective. Delaying the effective
date of this rule would be impracticable
because immediate action is needed to
respond to the potential safety risks
associated with the extremely complex
and unusually hazardous construction
of these OCS facilities including
hydraulic pile driving hammer
operations, heavy lift operations,
overhead cutting operations, potential
falling debris, increased vessel traffic,
and stationary barges in close proximity
to the facilities and each other.
Based on these circumstances, the
First Coast Guard District Commander
has determined that establishment of 63
safety zones through rulemaking is
warranted to ensure the safety of life,
property, and the environment within a
500-meter radius of each of the 63
facilities during their construction.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority provided in 14
U.S.C. 544, 43 U.S.C. 1333, and
Department of Homeland Security
(DHS) Delegation No. 00170.1, Revision
No. 01.3. As an implementing regulation
of this authority, 33 CFR part 147
permits the establishment of safety
zones for non-mineral energy resource
permanent or temporary structures
located on the OCS for the purpose of
protecting life and property on the
facilities, appurtenances and attending
vessels, and on the adjacent waters
within the safety zone (see 33 CFR
147.10). Accordingly, a safety zone
established under 33 CFR part 147 may
also include provisions to restrict,
prevent, or control certain activities,
including access by vessels or persons
to maintain safety of life, property, and
the environment.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, the Coast Guard
received five public comments on the
NPRM published May 3, 2023. All five
commenters expressed general
opposition to wind farm construction.
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]]>Agencies
[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42234-42237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13969]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DOD-2023-OS-0044]
RIN 0790-AL54
Privacy Act of 1974; Implementation
AGENCY: Office of the Secretary of Defense, Department of Defense
(DoD).
ACTION: Direct final rule.
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SUMMARY: The DoD is amending its regulations to remove the exemption
rules associated with 14 systems of
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records notices (SORNs) established for the DoD Components listed in
the SUPPLEMENTARY INFORMATION section, under the Privacy Act of 1974,
as amended.
Elsewhere in this issue of the Federal Register, the DoD is giving
concurrent notice of the rescindment of 26 SORNs, including those that
correspond to the exemption rules being removed by this rule amendment.
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: The rule is effective on September 8, 2023, unless comments are
received that would result in a contrary determination. Comments will
be accepted on or before August 29, 2023.
ADDRESSES: You may submit comments, identified by docket number,
Regulation Identifier Number (RIN), and title, by any of the following
methods.
* Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
08D09, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number or 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. Rahwa Keleta, [email protected],
(703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Privacy Act Exemption
The DoD is amending 32 CFR part 310 to remove the exemption rules
associated with the following 14 systems of records notices (SORNs)
established for the DoD Components.
Department of the Air Force SORNs
System identifier and name. F051 AFJA I, Military Justice and
Magistrate Court Records
System identifier and name. F033 AF A, Information Requests--Freedom
of Information Act
System identifier and name. F033 AF B, Privacy Act Request File
Department of the Army SORN
System identifier and name. A0340-21 OAA, Privacy Case Files
Department of the Navy SORNs
System identifier and name. NM05211-1, Privacy Act Request/Amendment
Files and Tracking System
System identifier and name. NM05720-1, FOIA Request/Appeal Files and
Tracking System
Defense Intelligence Agency SORN
System identifier and name. LDIA 0010, Information Requests-Freedom
of Information Act (FOIA) and Privacy Act
Defense Logistics Agency SORN
System identifier and name. S510.30, Freedom of Information Act/
Privacy Act Requests and Administrative Appeal Records
Defense Security Service SORN
System identifier and name. V1-01, Privacy and Freedom of
Information Request Records
Defense Threat Reduction Agency SORN
System identifier and name. HDTRA 021, Freedom of Information Act
and Privacy Act Case Files
National Guard Bureau SORN
System identifier and name. INGB 001, Freedom of Information Act
(FOIA) and Privacy Act (PA) Case Files
Office of the Inspector General SORN
System identifier and name. CIG-01, Privacy Act and Freedom of
Information Act Case Files
Office of the Secretary of Defense SORNs
System identifier and name. DWHS E02, Freedom of Information Act
(FOIA) Case Files
System identifier and name. DWHS E04, Privacy Act Case Files
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 exemption.
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 applicable requirements.
At the time of rescindment or following rescindment for the system of
records notice, Federal agencies will seek to also rescind the
associated exemption rules within the Code of Federal Regulations.
II. Direct Final Rulemaking
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 10 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
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 SORNs
being rescinded (most of them concurrently by associated public
notice):
32 CFR 310.14(e)(7), System identifier and name. F051 AF
JA F, Courts--Martial and Article 15 Records.
32 CFR 310.14(f)(20), System identifier and name. F033 AF
A, Information Requests--Freedom of Information Act.
32 CFR 310.14(f)(21), System identifier and name. F033 AF
B, Privacy Act Request Files.
32 CFR 310.15(g)(21), System identifier and name. A0340-21
OAA, Privacy Case Files.
32 CFR 310.16(a)(22), System identifier and name. NM05211-
1, Privacy Act Request Files and Tracking System.
32 CFR 310.16(a)(23), System identifier and name. NM05720-
1, FOIA
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Request/Appeal Files and Tracking System.
32 CFR 310.20(b)(8), System identifier and name. LDIA
0010, Information Requests--Freedom of Information Act (FOIA) and
Privacy Act.
32 CFR 310.21(c)(6), System identifier and name. S510.30,
Freedom of Information Act/Privacy Act Requests and Administrative
Appeal Records.
32 CFR 310.22(b)(1), System identifier and name. V1-01,
Privacy and Freedom of Information Request Records.
32 CFR 310.23(a)(3), System identifier and name. HDTRA
021, Freedom of Information Act and Privacy Act Request Case Files.
32 CFR 310.25(e)(1), System identifier and name. INGB 001,
Freedom of Information Act (5 U.S.C.) and Privacy Act (5 U.S.C. 552a)
Case Files.
32 CFR 310.28(c)(5), System identifier and name. CIG 01,
Privacy Act and Freedom of Information Act Case Files.
32 CFR 310.29(c)(12), System identifier and name. DFOISR
05, Freedom of Information Act Case Files.
32 CFR 310.29(c)(13), System identifier and name. DFOISR
10, Privacy Act Case Files.
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 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 under these Executive orders.
Congressional Review Act (5 U.S.C. 804(2))
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. DoD will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. A
major rule may take effect no earlier than 60 calendar days after
Congress receives the rule report or the rule is published in the
Federal Register, whichever is later. This rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule whose mandates may result in the expenditure by
State, local, and tribal governments in the aggregate, or by the
private sector, in any one year of $100 million in 1995 dollars,
updated annually for inflation. This rule will not mandate any
requirements for State, local, or tribal governments, nor will it
affect private sector costs.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601 et
seq.)
The Assistant to the Secretary of Defense for Privacy, Civil
Liberties, and Transparency has certified that this rule 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. This rule is concerned only with the
administration of Privacy Act systems of records within the DoD.
Therefore, the Regulatory Flexibility Act, as amended, does not require
DoD to prepare a regulatory flexibility analysis.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 501
et seq.)
The Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.) was
enacted to minimize the paperwork burden for individuals; small
businesses; educational and nonprofit institutions; 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 to 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 AMENDMENT OF
INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974
0
1. The authority citation for 32 CFR part 310 continues to read as
follows:
Authority: 5 U.S.C. 552a.
Sec. 310.14 [Amended]
0
2. Amend Sec. 310.14 by removing and reserving paragraphs (e)(7) and
(f)(20) and (21).
Sec. 310.15 [Amended]
0
3. Amend Sec. 310.15 by removing and reserving paragraph (g)(21).
Sec. 310.16 [Amended]
0
4. Amend Sec. 310.16 by removing and reserving paragraphs (a)(22) and
(23).
Sec. 310.20 [Amended]
0
5. Amend Sec. 310.20 by removing and reserving paragraph (b)(8).
Sec. 310.21 [Amended]
0
6. Amend Sec. 310.21 by removing and reserving paragraph (c)(6).
Sec. 310.22 [Amended]
0
7. Amend Sec. 310.22 by removing and reserving paragraph (b)(1).
Sec. 310.23 [Amended]
0
8. Amend Sec. 310.23 by removing paragraph (a)(3).
Sec. 310.25 [Amended]
0
9. Amend Sec. 310.25 by removing and reserving paragraph (e)(1).
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Sec. 310.28 [Amended]
0
10. Amend Sec. 310.28 by removing and reserving paragraph (c)(5).
Sec. 310.29 [Amended]
0
11. Amend Sec. 310.29 by removing and reserving paragraphs (c)(12) and
(13).
Dated: June 27, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-13969 Filed 6-29-23; 8:45 am]
BILLING CODE 5001-06-P
