Privacy Act of 1974; Implementation, 37127-37130 [2024-09607]
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37127
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Federal Register / Vol. 89, No. 88 / Monday, May 6, 2024 / Rules and Regulations
as additional documents when
additional information or documents
with respect to a transfer is believed by
the IRS to be required or helpful in
making its determination as to whether
relief under this section should be
granted.
(v) Each affidavit also must include
the name and current address of the
affiant, and must be accompanied by a
dated declaration signed by the affiant
that states:
Under penalties of perjury, I declare
that I have personal knowledge of the
information set forth in this affidavit,
including any attachments thereto. In
addition, under penalties of perjury, I
declare that I have examined this
affidavit, including any attachments
thereto, and, to the best of my
knowledge and belief, the affidavit
contains all the relevant facts and the
attachments include copies of all
relevant writings or other documents
resulting from a reasonably diligent
search, conducted in good faith, of all
records within my possession,
accessible to me, or subject to my
control, relating to the allocation of GST
exemption, the election under section
2632(b)(3) or (c)(5), and the preparation
of the tax return at issue in the request
for relief filed by or on behalf of
[transferor or executor of transferor’s
estate], and such facts and attached
documents are true, correct, and
complete.
(vi) If an individual who would be
required to provide an affidavit under
paragraph (i)(4)(i) of this section has
died or is unwilling or otherwise unable
to provide the required affidavit, the
affidavit required under paragraph (i)(3)
of this section must include a statement
to that effect, as well as a statement
describing the relationship between that
individual and the transferor or the
executor of the transferor’s estate; the
information or knowledge the transferor
or the executor of the transferor’s estate
believes that individual had about the
events that led to the failure to make the
allocation or the election or to the
discovery of that failure; and, in cases
other than the death of the individual,
a detailed description of the efforts
made to obtain the affidavit from the
individual. The unwillingness of certain
affiants to provide an affidavit, however,
may be considered by the IRS in
determining whether to grant the
requested relief. For purposes of this
paragraph (i)(4)(vi), the term unwilling
refers to a person who is apparently able
but refuses or otherwise fails, despite
the best efforts, made in good faith, of
the transferor or the transferor’s
executor, to provide the required
affidavit. In addition, for purposes of
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this paragraph, the term unable refers to
a permanent or potentially long-term
condition such as physical or mental
incapacity that prevents the person from
providing the required affidavit, but not
a temporary condition such as a
temporary physical or mental incapacity
or a person’s inability due to a leave of
absence, travel, or a contractual
requirement such as a confidentiality
agreement.
(5) Additional rules regarding relief.
For purposes of relief under paragraphs
(i)(1) and (2) of this section, the grant of
relief in the form of an extension of time
is not a determination that the taxpayer
is otherwise eligible to make the
election. In addition, notwithstanding
the provisions of this section, an
extension of time will not be granted
under this section if alternative relief is
provided by a statute, a regulation
published in the Federal Register, or a
revenue ruling, revenue procedure,
notice, or announcement published in
the Internal Revenue Bulletin (see
§ 601.601(d)(2) of this chapter).
(j) Applicability date. This section
applies to requests for relief to which
section 2642(g)(1) applies that are filed
on or after May 6, 2024, regardless of the
date of the transfer.
PART 301—PROCEDURE AND
ADMINISTRATION
Par. 3. The authority citation for part
301 continues to read in part as follows:
■
Authority: 26 U.S.C. 7805.
Par. 4. Section 301.9100–2 is
amended by adding paragraph (f) to read
as follows:
■
§ 301.9100–2
Automatic extensions.
*
*
*
*
*
(f) Automatic 6-month extension for
certain generation-skipping transfer tax
allocations and elections—(1)
Availability. Paragraph (b) of this
section is not available to obtain an
automatic 6-month extension to allocate
generation-skipping transfer (GST)
exemption to a transfer pursuant to
section 2632 or to make an election
under section 2632(b)(3) or (c)(5). An
automatic 6-month extension to allocate
GST exemption under section 2632 or to
make an election under section
2632(b)(3) or (c)(5) is available to
transferors or the executors of
transferors’ estates pursuant to
§ 26.2642–7(i)(1) of this chapter if the
requirements of that provision are
satisfied.
(2) Applicability date. Paragraph (f) of
this section applies to any gift or estate
tax return or Form 8939, Allocation of
Increase in Basis for Property Acquired
from a Decedent, for which the date
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prescribed for filing is on or after May
6, 2024 (excluding extensions),
regardless of the date of the transfer.
■ Par. 5. Section 301.9100–3 is
amended by adding paragraph (g) to
read as follows:
§ 301.9100–3
Other extensions.
*
*
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*
*
(g) Relief under section 2642(g)(1)—
(1) Procedures. The procedures set forth
in this section are not applicable for
requests for relief under section
2642(g)(1). For requests for relief under
section 2642(g)(1), see § 26.2642–7 of
this chapter.
(2) Applicability date. This paragraph
(g) applies to requests for relief to which
section 2642(g)(1) applies that are filed
on or after May 6, 2024, regardless of the
date of the transfer.
PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 6. The authority citation for part
602 continues to read as follows:
■
Authority: 26 U.S.C. 7805.
Par. 7. In § 602.101, amend the table
in paragraph (b) by adding an entry in
numerical order for ‘‘§ 26.2642–7(i)(3)
and (4)’’ to read as follows:
■
§ 602.101
*
OMB Control numbers.
*
*
(b) * * *
*
*
CFR part or section where identified
and described
Current OMB
control No.
*
*
*
*
26.2642–7(i)(3) and (4) ...................
*
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1545–2116
*
*
Douglas W. O’Donnell,
Deputy Commissioner.
Approved: March 12, 2024.
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury
(Tax Policy).
[FR Doc. 2024–09644 Filed 5–3–24; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD–2024–OS–0047]
RIN 0790–AL77
Privacy Act of 1974; Implementation
Office of the Secretary of
Defense, Department of Defense (DoD).
AGENCY:
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Direct final rule with request for
comments.
ACTION:
The Department of Defense
(DoD or Department) is giving
concurrent notice of a new system of
records titled ‘‘All-domain Anomaly
Resolution Office (AARO) Report
System,’’ AARO–0001, and this
rulemaking, which exempts portions of
this system of records from certain
provisions of the Privacy Act of 1974, as
amended, because of national security.
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 will be effective on July
15, 2024 unless comments are received
that would result in a contrary
determination. If significant adverse
comments are received, the DoD will
publish a timely withdrawal of the rule
in the Federal Register. Comments will
be accepted on or before July 5, 2024.
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.
SUMMARY:
Ms.
Rahwa Keleta, OSD.DPCLTD@mail.mil,
(703) 571–0070.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
ddrumheller on DSK120RN23PROD with RULES1
I. Background
In accordance with the Privacy Act of
1974, DoD is establishing a new system
of records titled ‘‘All-domain Anomaly
Resolution Office (AARO) Report
System,’’ AARO–0001. This system of
records describes the AARO’s
collection, use, and maintenance of
correspondence and reports submitted
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from current or former U.S. government
employees, service members, or
contractors with direct knowledge of
U.S. Government programs or activities
related to Unidentified Anomalous
Phenomenon (UAP) dating back to 1945.
This system also includes
correspondence and reports submitted
from members of the general public and
government-affiliated personnel on
events related to UAP. The submitted
information will be used to carry out
AARO’s mission, including to inform
AARO’s congressionally directed
Historical Record Report.
II. Privacy Act Exemption
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. The Office of the Secretary
is amending 32 CFR part 310 to add a
new Privacy Act exemption rule for this
system of records. The DoD is claiming
an exemption for this system of records
because some of its records may contain
classified national security information
and providing notice, access,
amendment, and disclosure of
accounting of those records to an
individual, as well as certain recordkeeping requirements, may cause
damage to national security and reveal
sensitive sources and methods. The
Privacy Act, pursuant to 5 U.S.C.
552a(k)(1), authorizes agencies to claim
an exemption for systems of records that
contain information properly classified
pursuant to executive order. DoD is
claiming an exemption from several
provisions of the Privacy Act, including
various access, amendment, disclosure
of accounting, and certain recordkeeping and notice requirements, to
prevent disclosure of any information
properly classified pursuant to
executive order, as implemented by DoD
Instruction 5200.01, ‘‘DoD Information
Security Program and Protection of
Sensitive Compartmented Information
(SCI)’’ (available at https://
www.esd.whs.mil/Portals/54/
Documents/DD/issuances/dodi/
520001p.PDF?ver=cF1IIjcFGP6jfNrnTr8lQ%3d%3d); DoD
Manual 5200.01, Volume 1, ‘‘DoD
Information Security Program:
Overview, Classification, and
Declassification’’ (available at https://
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www.esd.whs.mil/Portals/54/
Documents/DD/issuances/dodm/
520001m_vol1.pdf?ver=2020-08-04092500-203; and DoD Manual 5200.01,
Volume 3, ‘‘DoD Information Security
Program: Protection of Classified
Information’’ (available at https://
www.esd.whs.mil/Portals/54/
Documents/DD/issuances/dodm/
520001m_vol3.pdf?ver=MJfVDnRd2HTyLSzDse9VQ%3d%3d).
III. 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 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 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.
This direct final rule adds to the
DoD’s Privacy Act exemptions for
systems of records found in 32 CFR
310.29. Records in this system of
records are only exempt from the
Privacy Act to the extent the purposes
underlying the exemption pertain to the
record.
A notice of a new system of records
for AARO–0001 is also published in this
issue of the Federal Register.
Regulatory Analysis
Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ as Amended by
Executive Order 14094, ‘‘Modernizing
Regulatory Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 12866 (as amended
by Executive Order 14094) and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
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Federal Register / Vol. 89, No. 88 / Monday, May 6, 2024 / 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 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 direct
final 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 (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.
ddrumheller on DSK120RN23PROD with RULES1
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.
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Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 501
et seq.)
The Paperwork Reduction Act (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
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 has federalism implications,
imposes substantial direct requirement
costs on State and local governments,
and is not required by statute, or has
federalism implications and preempts
State law. 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 part 310
continues to read as follows:
■
Authority: 5 U.S.C. 552a.
2. Amend § 310.29 by adding
paragraph (c)(29) to read as follows:
■
§ 310.29 Office of the Secretary of Defense
(OSD) exemptions.
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37129
(c) * * *
(29) System identifier and name.
AARO–0001, All-domain Anomaly
Resolution Office (AARO) Report
System.
(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).
(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) and (d)(1) and
(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
and reveal sensitive sources and
methods. 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)(2).
(C) Subsection (e)(1). Records within
this system may be properly classified
pursuant to executive order. In the
collection of information for AARO
reporting and analysis purposes, it may
not always be possible to conclusively
determine the relevance and necessity
of particular information in the early
stages of these types of activities.
Additionally, disclosure of classified
records to an individual may cause
damage to national security and reveal
sensitive sources and methods.
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 in paragraphs
(c)(29)(iii)(A) and (B) of this section,
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
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Federal Register / Vol. 89, No. 88 / Monday, May 6, 2024 / Rules and Regulations
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
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: April 29, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2024–09607 Filed 5–3–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2024–0299]
Special Local Regulations; Montlake
Cut, Lake Washington, Seattle,
Washington
on Lake Washington in Seattle, WA.
During the enforcement period, the
operator of any vessel in the regulated
area must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
DEPARTMENT OF HOMELAND
SECURITY
The regulations in 33 CFR
100.1311 will be enforced May 4, 2024,
from 8 a.m. to 12 p.m.
[Docket Number USCG–2024–0356]
DATES:
FOR FURTHER INFORMATION CONTACT:
you have questions about this
notification of enforcement, call or
Lieutenant Junior Grade Kaylee K. Lord,
Sector Puget Sound Waterways
Management Division, Coast Guard;
telephone 206–217–6045, email
SectorPugetSound@uscg.mil.
The Coast
Guard will enforce special local
regulations in 33 CFR 100.1311 for the
Windermere Cup on May 4, 2024, from
8 a.m. to 12 p.m. This action is being
taken to provide for the safety of life on
navigable waterways during this oneday event. Our regulation for marine
events within the Thirteenth Coast
Guard District, § 100.1311(a), specifies
the location of the regulated area for the
Windermere Cup which encompasses
waters from Montlake Cut and Union
Bay Reach between Portage Bay and
Webster Point on Lake Washington in
Seattle, WA. During the enforcement
period, as reflected in § 100.1311, if you
are the operator of a vessel in the
regulated area you must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
and modifications, if any, via the Local
Notice to Mariners and marine
information broadcasts.
SUPPLEMENTARY INFORMATION:
AGENCY:
Dated: May 1, 2024.
Mark. A. McDonnell,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
ACTION:
[FR Doc. 2024–09815 Filed 5–3–24; 8:45 am]
Coast Guard, DHS.
Notification of enforcement of
regulation.
BILLING CODE 9110–04–P
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33 CFR Part 147
RIN 1625–AA00
Safety Zone; Revolution Wind Farm
Project Area, Outer Continental Shelf,
Lease OCS–A 0486, Offshore Rhode
Island, Atlantic Ocean
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 16 temporary safety zones
around the construction of each facility
during the development of the
Revolution Wind Farm project area
within Federal waters on the Outer
Continental Shelf, specifically in the
Bureau of Ocean Energy Management
Renewable Energy Lease Area OCS–A
0486, approximately 15 nautical miles
offshore southeast of Point Judith,
Rhode Island. This action protects life,
property, and the environment during
construction of each facility from May 1,
2024, to May 31, 2024. When enforced,
only attending vessels and vessels with
authorization are permitted to enter or
remain in the temporary safety zones.
DATES: This rule is effective without
actual notice from May 6, 2024, through
11:59 p.m. on May 31, 2024. For the
purposes of enforcement, actual notice
will be used from May 1, 2024, until
May 6, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0356 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Mr. Craig
Lapiejko, Waterways Management, at
Coast Guard First District, telephone
617–603–8592, email craig.d.lapiejko@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
The Coast Guard will enforce
special local regulations for the
Windermere Cup on May 4, 2024, from
8 a.m. to 12 p.m. to provide for the
safety of life on navigable waterways
during this event. Our regulation for
marine events within the Thirteenth
Coast Guard District identifies the
regulated area for this event on the
Montlake Cut and Union Bay Reach
between Portage Bay and Webster Point
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES1
If
Coast Guard
I. Table of Abbreviations
BOEM Bureau of Ocean Energy
Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
NAD 83 North American Datum of 1983
NM Nautical Mile
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]]>Agencies
[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37127-37130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09607]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD-2024-OS-0047]
RIN 0790-AL77
Privacy Act of 1974; Implementation
AGENCY: Office of the Secretary of Defense, Department of Defense
(DoD).
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ACTION: Direct final rule with request for comments.
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SUMMARY: The Department of Defense (DoD or Department) is giving
concurrent notice of a new system of records titled ``All-domain
Anomaly Resolution Office (AARO) Report System,'' AARO-0001, and this
rulemaking, which exempts portions of this system of records from
certain provisions of the Privacy Act of 1974, as amended, because of
national security. 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 will be effective on July 15, 2024 unless comments are
received that would result in a contrary determination. If significant
adverse comments are received, the DoD will publish a timely withdrawal
of the rule in the Federal Register. Comments will be accepted on or
before July 5, 2024.
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. Background
In accordance with the Privacy Act of 1974, DoD is establishing a
new system of records titled ``All-domain Anomaly Resolution Office
(AARO) Report System,'' AARO-0001. This system of records describes the
AARO's collection, use, and maintenance of correspondence and reports
submitted from current or former U.S. government employees, service
members, or contractors with direct knowledge of U.S. Government
programs or activities related to Unidentified Anomalous Phenomenon
(UAP) dating back to 1945. This system also includes correspondence and
reports submitted from members of the general public and government-
affiliated personnel on events related to UAP. The submitted
information will be used to carry out AARO's mission, including to
inform AARO's congressionally directed Historical Record Report.
II. Privacy Act Exemption
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. The
Office of the Secretary is amending 32 CFR part 310 to add a new
Privacy Act exemption rule for this system of records. The DoD is
claiming an exemption for this system of records because some of its
records may contain classified national security information and
providing notice, access, amendment, and disclosure of accounting of
those records to an individual, as well as certain record-keeping
requirements, may cause damage to national security and reveal
sensitive sources and methods. The Privacy Act, pursuant to 5 U.S.C.
552a(k)(1), authorizes agencies to claim an exemption for systems of
records that contain information properly classified pursuant to
executive order. DoD is claiming an exemption from several provisions
of the Privacy Act, including various access, amendment, disclosure of
accounting, and certain record-keeping and notice requirements, to
prevent disclosure of any information properly classified pursuant to
executive order, as implemented by DoD Instruction 5200.01, ``DoD
Information Security Program and Protection of Sensitive Compartmented
Information (SCI)'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520001p.PDF?ver=cF1II-jcFGP6jfNrnTr8lQ%3d%3d); DoD Manual 5200.01, Volume 1, ``DoD
Information Security Program: Overview, Classification, and
Declassification'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol1.pdf?ver=2020-08-04-092500-203;
and DoD Manual 5200.01, Volume 3, ``DoD Information Security Program:
Protection of Classified Information'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol3.pdf?ver=MJfVD-nRd2HTyLSzDse9VQ%3d%3d).
III. 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 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
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.
This direct final rule adds to the DoD's Privacy Act exemptions for
systems of records found in 32 CFR 310.29. Records in this system of
records are only exempt from the Privacy Act to the extent the purposes
underlying the exemption pertain to the record.
A notice of a new system of records for AARO-0001 is also published
in this issue of the Federal Register.
Regulatory Analysis
Executive Order 12866, ``Regulatory Planning and Review,'' as Amended
by Executive Order 14094, ``Modernizing Regulatory Review'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 12866 (as amended by Executive Order 14094) and
13563 direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is
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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 direct final 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 (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 (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 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 has federalism
implications, imposes substantial direct requirement costs on State and
local governments, and is not required by statute, or has federalism
implications and preempts State law. 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 part 310 continues to read as follows:
Authority: 5 U.S.C. 552a.
0
2. Amend Sec. 310.29 by adding paragraph (c)(29) to read as follows:
Sec. 310.29 Office of the Secretary of Defense (OSD) exemptions.
* * * * *
(c) * * *
(29) System identifier and name. AARO-0001, All-domain Anomaly
Resolution Office (AARO) Report System.
(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).
(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) and (d)(1) and (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 and reveal sensitive sources and methods.
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)(2).
(C) Subsection (e)(1). Records within this system may be properly
classified pursuant to executive order. In the collection of
information for AARO reporting and analysis purposes, it may not always
be possible to conclusively determine the relevance and necessity of
particular information in the early stages of these types of
activities. Additionally, disclosure of classified records to an
individual may cause damage to national security and reveal sensitive
sources and methods. 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 in paragraphs
(c)(29)(iii)(A) and (B) of this section, 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
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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 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: April 29, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-09607 Filed 5-3-24; 8:45 am]
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