Privacy Act of 1974; Implementation, 104468-104471 [2024-29639]
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104468
Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules
(k) Related Information
(1) For more information about this AD,
contact Kurt Ladendorf, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (817) 222–
5254; email: Kurt.D.Ladendorf@faa.gov.
(2) For Airbus Helicopters material
identified in this AD that is not incorporated
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75052; phone: (972) 641–0000 or (800) 232–
0323; fax: (972) 641–3775; website:
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hcare-services/airbusworld.
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(2) You must use this material as
applicable to do the actions required by this
AD, unless the AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0030, dated February 2,
2023.
(ii) [Reserved]
(3) For EASA material identified in this
AD, contact EASA, Konrad-Adenauer-Ufer 3,
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EASA material on the EASA website at
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Issued on December 16, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–30374 Filed 12–20–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
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[Docket No. FAA–2024–2048; Airspace
Docket No. 24–AWP–101]
Modification of Class E Airspace;
Colusa County Airport, Colusa, CA
Correction
Proposed Rule Document 2024–
27837, appearing on pages 94601–
94603, in the issue of Friday, November
29, 2024, was incorrectly published in
16:28 Dec 20, 2024
Jkt 265001
Background
[REG–106595–22]
The notice of proposed rulemaking
(REG–106595–22) that is subject to this
correction contains proposed
regulations issued under the authority
granted to the Secretary of the Treasury
or her delegate (Secretary) by sections
274(p) and 132(o) of the Internal
Revenue Code (Code) that would amend
the Income Tax Regulations (26 CFR
part 1) under sections 274(i) and 132(d)
related to qualified nonpersonal use
vehicles.
RIN 1545–BQ83
Correction of Publication
Substantiation Requirements and
Qualified Nonpersonal Use Vehicles;
Correction
Accordingly, FR Doc. 2024–28040
(REG–106595–22), appearing on page
95727 in the Federal Register on
Tuesday, December 3, 2024, is corrected
on page 95727, in the second column,
under the caption FOR FURTHER
INFORMATION CONTACT, the second line is
corrected to read ‘‘Stephanie Caden at
(202) 317–4774;’’.
[FR Doc. C1–2024–27837 Filed 12–19–24; 2:00 pm]
BILLING CODE 0099–10–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking;
correction.
AGENCY:
This document corrects a
notice of proposed rulemaking (REG–
106595–22), published in the Federal
Register on December 3, 2024,
containing proposed regulations relating
to the definition of qualified
nonpersonal use vehicles.
DATES: Written or electronic comments
and requests for a public hearing must
be received by March 3, 2025.
ADDRESSES: Commenters are strongly
encouraged to submit public comments
electronically via the Federal
eRulemaking Portal at https://
www.regulations.gov (indicate IRS and
REG–106595–22) by following the
online instructions for submitting
comments. Requests for a public hearing
must be submitted as prescribed in the
‘‘Comments and Requests for a Public
Hearing’’ section. Once submitted to the
Federal Rulemaking Portal, comments
cannot be edited or withdrawn. The
Department of the Treasury (Treasury
Department) and the IRS will publish
for public availability any comment
submitted electronically or on paper, to
the IRS’s public docket. Send paper
submissions to CC:PA:01:PR (REG–
106595–22), Room 5203, Internal
Revenue Service, P.O. Box 7604, Ben
Franklin Station, Washington, DC
20044.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
RIN 2120–AA66
VerDate Sep<11>2014
the Rules section and should have
appeared in the Proposed Rules section.
Concerning the proposed regulations,
Stephanie Caden at (202) 317–4774;
concerning submissions of comments or
requests for a public hearing, the
Publications and Regulations section by
email at publichearings@irs.gov
(preferred) or (202) 317–6901 (not tollfree numbers).
SUPPLEMENTARY INFORMATION:
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Aron L. Cosby,
Federal Register Liaison, Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 2024–30280 Filed 12–20–24; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD–2024–OS–0135]
RIN 0790–AL55
Privacy Act of 1974; Implementation
Office of the Secretary of
Defense (OSD), Department of Defense
(DoD).
ACTION: Proposed rule.
AGENCY:
The Department of Defense
(Department or DoD) is giving
concurrent notice of a new Departmentwide system of records pursuant to the
Privacy Act of 1974 for the DoD–0023,
‘‘Military Corrections and Parole Board
Records’’ system of records and this
proposed rulemaking. In this proposed
rulemaking, the Department proposes to
exempt portions of this system of
records from certain provisions of the
Privacy Act because of national security
and law enforcement requirements.
DATES: Send comments on or before
February 21, 2025.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods.
SUMMARY:
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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules
* Federal eRulemaking 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 05F16, Alexandria, VA 22350–
1700.
Instructions: All submissions received
must include the agency name and
docket number or Regulation Identifier
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.
Ms.
Rahwa Keleta, Defense Privacy and Civil
Liberties Directorate, Office of the
Assistant to the Secretary of Defense for
Privacy, Civil Liberties, and
Transparency, 4800 Mark Center Drive,
Mailbox #24, Suite 05F16, Alexandria,
VA 22350–1700; OSD.DPCLTD@
mail.mil; (703) 571–0070.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
In accordance with the Privacy Act of
1974, the DoD is establishing a new
system of records titled, ‘‘Military
Corrections and Parole Board Records,’’
DoD–0023. This system of records
describes DoD’s collection, use, and
maintenance of records covering
military Service members confined for
violation of the Uniform Code of
Military Justice. These records include
information on prisoner’s confinement,
health assessment, disciplinary actions
while in confinement, observations by
confinement staff and United States
probation officers, and confinement
utilization assessments such as basis for
correctional treatment and education
programs. The records also include
information used for clemency and
parole decisions conducted by the
military Departments’ Clemency and
Parole Boards.
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II. Privacy Act Exemption
The Privacy Act allows Federal
agencies to exempt eligible records in a
system of records from certain
provisions of the Act, including those
that provide individuals with a right to
request access to and amendment of
their own records. If an agency intends
to exempt a particular system of records,
it must first undertake the rulemaking
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16:28 Dec 20, 2024
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process to provide public notice and an
opportunity to comment on the
proposed exemption. This proposed
rule explains why an exemption is being
claimed for this system of records and
invites public comment, which DoD
will consider before the issuance of a
final rule implementing the exemption.
The DoD proposes to modify 32 CFR
part 310 to add a new Privacy Act
exemption rule for the DoD–0023,
‘‘Military Corrections and Parole Board
Records’’ system of records. The DoD
proposes this exemption because some
of its records may contain classified
national security information and
disclosure of those records to an
individual may cause damage to
national security. 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. The DoD is
proposing to claim an exemption from
the access and amendment requirements
and certain disclosure accounting
requirements of the Privacy Act,
pursuant to 5 U.S.C. 552a(k)(1), to
prevent disclosure of any information
properly classified pursuant to
executive order, as implemented by DoD
Instruction 5200.01 and DoD Manual
5200.01, Volumes 1 and 3.
The DoD also proposes to exempt this
system of records because these records
support the conduct of criminal law
enforcement activities, and certain
requirements of the Privacy Act may
interfere with the effective execution of
these activities, and undermine, good
order and discipline. The Privacy Act,
pursuant to 5 U.S.C. 552a(j)(2),
authorizes agencies with a principal law
enforcement function pertaining to the
enforcement of criminal laws (including
activities of prosecutors, courts, etc.) to
claim an exemption for systems of
records that contain information
identifying criminal offenders and
alleged offenders, information compiled
for the purpose of criminal
investigation, or reports compiled
during criminal law enforcement
proceedings. Additionally, the Privacy
Act, pursuant to 5 U.S.C. 552a(k)(2),
authorizes agencies to compile
investigatory material for law
enforcement purposes, other than
materials within the scope of 5 U.S.C.
552a(j)(2). The DoD is proposing to
claim exemptions from several
provisions of the Privacy Act, including
various access, amendment, disclosure
accounting, and notice requirements,
pursuant to 5 U.S.C. 552a(j)(2) and
552a(k)(2), to prevent the harms
articulated in this rulemaking from
occurring.
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If implemented, this rulemaking will
deny an individual access under the
Privacy Act to only those portions of
records for which one or more claimed
exemptions apply. In addition, 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 DoD–0023, ‘‘Military Corrections
and Parole Board Records,’’ is published
elsewhere 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
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 rulemaking is not a significant
regulatory action.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532(a)) 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 rulemaking 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. Chapter 6)
The Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and
Transparency has certified that this
rulemaking is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) because it would not, if
promulgated, have a significant
economic impact on a substantial
number of small entities. This
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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules
rulemaking 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 35)
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
obtain approval from the Office of
Management and Budget before using
identical questions to collect
information from ten or more persons.
This rulemaking 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
proposed rule (and subsequent final
rule) that has federalism implications,
imposes substantial direct compliance
costs on State and local governments,
and is not required by statute, or has
federalism implications and preempts
State law. This rulemaking will not have
a substantial effect on State and local
governments.
Executive Order 13175, ‘‘Consultation
and Coordination With Indian Tribal
Governments’’
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Executive Order 13175 establishes
certain requirements that an agency
must meet when it promulgates a
proposed rule (and subsequent final
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
rulemaking will not have a substantial
effect on Indian Tribal governments.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, the Department of
Defense proposes to amend 32 CFR part
310 as follows:
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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 § 310.13 by:
a. Adding reserved paragraphs (e)(15)
and (16).
■ b. Adding paragraph (e)(17).
The additions read as follows:
■
■
§ 310.13 Exemptions for DoD-wide
systems.
*
*
*
*
*
(e) * * *
(15)–(16) [Reserved]
(17) System identifier and name.
DoD–0023, ‘‘Military Correction and
Parole Board Records’’.
(i) Exemptions. When applying
exemption (j)(2), this system of records
is exempt from 5 U.S.C. 552a(c)(3) and
(4); (d)(1), (2), (3), and (4); (e)(1), (2), (3),
(4)(G), (4)(H), and 4(I), (5), and (8); (f);
and (g). When applying exemption (k)(1)
and (k)(2), this system of records is
exempt from 5 U.S.C. 552a(c)(3); (d)(1),
(2), (3), and (4); (e)(1), (2), (3), (4)(G),
(4)(H), (4)(I), and (5), and (f).
(ii) Authority. 5 U.S.C. 552a(j)(2),
(k)(1), and (k)(2).
(iii) Exemption from the particular
subsections. Exemption from the
particular subsections is justified for the
following reasons:
(A) Subsection (c)(3),(d)(1), and
(d)(2)—(1) Exemption (j)(2). Records in
this system of records may contain
investigatory material compiled for
criminal law enforcement purposes to
include information identifying
criminal offenders and alleged
offenders, information compiled for the
purpose of criminal investigation, or
reports compiled during criminal law
enforcement proceedings. Application
of exemption (j)(2) may be necessary as
access to, amendment of, or release of
the accounting of disclosures of such
records could: Inform the record subject
of an investigation of the existence,
nature, or scope of an actual or potential
law enforcement or disciplinary
investigation, and thereby seriously
impede law enforcement, prosecutorial,
or disciplinary efforts by permitting the
record subject and other persons to
whom he might disclose the records to
avoid criminal penalties, or disciplinary
measures; reveal confidential sources
who might not have otherwise come
forward to assist in an investigation and
thereby hinder DoD’s ability to obtain
information from future confidential
sources and result in an unwarranted
invasion of the privacy of others.
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(2) Exemption (k)(1). Records in this
system of records may contain
information concerning DoD personnel
or disciplinary activities 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.
(3) Exemption (k)(2). Records in this
system of records may contain
investigatory material compiled for law
enforcement purposes other than
material within the scope of 5 U.S.C.
552a(j)(2). Application of exemption
(k)(2) for such records may be necessary
because access to, amendment of, or
release of the accounting of disclosures
of such records could: inform the record
subject of an investigation of the
existence, nature, or scope of an actual
or potential law enforcement or
disciplinary investigation, and thereby
seriously impede law enforcement,
disciplinary, or prosecutorial efforts by
permitting the record subject and other
persons to whom he might disclose the
records or the accounting of records to
avoid criminal penalties, civil remedies,
or disciplinary measures; interfere with
a civil or administrative action or
investigation which may impede those
actions or investigations; reveal
confidential sources who might not
have otherwise come forward to assist
in an investigation and thereby hinder
DoD’s ability to obtain information from
future confidential sources; and result
in an unwarranted invasion of the
privacy of others.
(B) Subsection (c)(4), (d)(3) and (4).
These subsections are inapplicable to
the extent that an exemption is being
claimed from subsections (d)(1) and (2).
(C) Subsection (e)(1). In the collection
of information for investigatory or law
enforcement purposes, it is not always
possible to conclusively determine the
relevance and necessity of particular
information in the early stages of the
investigation or adjudication. In some
instances, it will be only after the
collected information is evaluated in
light of other information that its
relevance and necessity for effective
investigation and adjudication can be
assessed. Collection of such information
permits more informed decision-making
by the Department when making
required disciplinary and prosecutorial
determinations. Additionally, records
within this system may be properly
classified pursuant to executive order.
Accordingly, application of exemptions
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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules
(j)(2), (k)(1), and (k)(2) may be
necessary.
(D) Subsection (e)(2). To collect
information from the subject individual
could serve notice that he or she is the
subject of a criminal investigation and
thereby present a serious impediment to
such investigations. Collection of
information only from the individual
accused of criminal activity or
misconduct could also subvert
discovery of relevant evidence and
subvert the course of justice.
Accordingly, application of exemption
(j)(2) may be necessary.
(E) Subsection (e)(3). To inform
individuals as required by subsection
(e)(3) could reveal the existence of a
criminal investigation and compromise
investigative efforts. Accordingly,
application of exemption (j)(2) may be
necessary.
(F) Subsections (e)(4)(G) and (H).
These subsections are inapplicable to
the extent an exemption is claimed from
subsections (d)(1) and (2).
(G) Subsection (e)(4)(I). To the extent
that this provision is construed to
require more detailed disclosure than
the broad, generic information currently
published in the system notice, an
exemption from this provision is
necessary to protect the confidentiality
of sources of information and to protect
privacy and physical safety of witnesses
and informants.
(H) Subsection (e)(5). It is often
impossible to determine in advance if
investigatory records contained in this
system are accurate, relevant, timely
and complete, but, in the interests of
effective law enforcement, it is
necessary to retain this information to
aid in establishing patterns of activity
and provide investigative leads. With
the passage of time, seemingly irrelevant
or untimely information may acquire
new significance as further investigation
brings new details to light and the
accuracy of such information can only
be determined through judicial
processes. Accordingly, application of
exemption (j)(2) may be necessary.
(I) Subsection (e)(8). To serve notice
could give persons sufficient warning to
evade investigative efforts. Accordingly,
application of exemption (j)(2) may be
necessary.
(J) Subsection (f). The agency’s rules
are inapplicable to those portions of the
system that are exempt. Accordingly,
application of exemptions (j)(2), (k)(1),
and (k)(2) may be necessary.
(K) Subsection (g). This subsection is
inapplicable to the extent that the
system is exempt from other specific
subsections of the Privacy Act.
Accordingly, application of exemption
(j)(2) may be necessary.
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(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: December 11, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2024–29639 Filed 12–20–24; 8:45 am]
BILLING CODE 6001–FR–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
[EPA–HQ–OAR–2023–0262; FRL–12160–01–
OAR]
RIN 2060–AW41
Regional Haze Third Implementation
Period; Extension of the State
Implementation Plan Due Date
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing revisions to
the Regional Haze Rule under the Clean
Air Act (CAA) to change the due date
for the next round of State
Implementation Plans (SIPs) for the
third implementation period. Under the
Regional Haze Rule, States must submit
plans to protect visibility in mandatory
Class I Federal areas (Class I areas) to
continue reasonable progress towards
natural visibility.
DATES: Comments must be received on
or before February 6, 2025.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OAR–2023–0262, by any of the
following methods: via the Federal
eRulemaking Portal, https://
www.regulations.gov (our preferred
method). Follow the online instructions
for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov, including
personal information provided. For
SUMMARY:
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104471
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Ms.
Paige Wantlin, Air Quality Policy
Division, Office of Air Quality Planning
and Standards (Mailcode C539–01),
Environmental Protection Agency, 109
TW Alexander Drive, Research Triangle
Park, NC 27711; telephone number:
(919) 541–5760; email address:
Wantlin.Paige@epa.gov or Mr. Brian
Timin, Air Quality Policy Division,
Office of Air Quality Planning and
Standards (Mailcode C539–01),
Environmental Protection Agency, 109
TW Alexander Drive, Research Triangle
Park, NC 27711; telephone number:
(919) 541–1850; email address:
Timin.Brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Written Comments
Submit your comments, identified by
Docket ID No. EPA–HQ–OAR–2023–
0262, at https://www.regulations.gov
(our preferred method), or the other
methods identified in the ADDRESSES
section. Once submitted, comments
cannot be edited or removed from the
docket. The EPA may publish any
comment received to its public docket.
Do not submit to the EPA’s docket at
https://www.regulations.gov any
information you consider to be
Confidential Business Information (CBI),
Proprietary Business Information (PBI),
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). Please visit
https://www.epa.gov/dockets/
commenting-epa-dockets for additional
submission methods; the full the EPA
public comment policy; information
about CBI, PBI, or multimedia
submissions; and general guidance on
making effective comments.
II. General Information
A. Preamble Glossary of Terms and
Acronyms
The following are abbreviations of
terms used in this document.
CAA
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Agencies
[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Pages 104468-104471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29639]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD-2024-OS-0135]
RIN 0790-AL55
Privacy Act of 1974; Implementation
AGENCY: Office of the Secretary of Defense (OSD), Department of Defense
(DoD).
ACTION: Proposed rule.
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SUMMARY: The Department of Defense (Department or DoD) is giving
concurrent notice of a new Department-wide system of records pursuant
to the Privacy Act of 1974 for the DoD-0023, ``Military Corrections and
Parole Board Records'' system of records and this proposed rulemaking.
In this proposed rulemaking, the Department proposes to exempt portions
of this system of records from certain provisions of the Privacy Act
because of national security and law enforcement requirements.
DATES: Send comments on or before February 21, 2025.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods.
[[Page 104469]]
* Federal eRulemaking 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
05F16, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number or Regulation Identifier 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. Rahwa Keleta, Defense Privacy and
Civil Liberties Directorate, Office of the Assistant to the Secretary
of Defense for Privacy, Civil Liberties, and Transparency, 4800 Mark
Center Drive, Mailbox #24, Suite 05F16, Alexandria, VA 22350-1700;
[email protected]; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the DoD is establishing
a new system of records titled, ``Military Corrections and Parole Board
Records,'' DoD-0023. This system of records describes DoD's collection,
use, and maintenance of records covering military Service members
confined for violation of the Uniform Code of Military Justice. These
records include information on prisoner's confinement, health
assessment, disciplinary actions while in confinement, observations by
confinement staff and United States probation officers, and confinement
utilization assessments such as basis for correctional treatment and
education programs. The records also include information used for
clemency and parole decisions conducted by the military Departments'
Clemency and Parole Boards.
II. Privacy Act Exemption
The Privacy Act allows Federal agencies to exempt eligible records
in a system of records from certain provisions of the Act, including
those that provide individuals with a right to request access to and
amendment of their own records. If an agency intends to exempt a
particular system of records, it must first undertake the rulemaking
process to provide public notice and an opportunity to comment on the
proposed exemption. This proposed rule explains why an exemption is
being claimed for this system of records and invites public comment,
which DoD will consider before the issuance of a final rule
implementing the exemption.
The DoD proposes to modify 32 CFR part 310 to add a new Privacy Act
exemption rule for the DoD-0023, ``Military Corrections and Parole
Board Records'' system of records. The DoD proposes this exemption
because some of its records may contain classified national security
information and disclosure of those records to an individual may cause
damage to national security. 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. The DoD is proposing to claim an exemption from the
access and amendment requirements and certain disclosure accounting
requirements of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1), to
prevent disclosure of any information properly classified pursuant to
executive order, as implemented by DoD Instruction 5200.01 and DoD
Manual 5200.01, Volumes 1 and 3.
The DoD also proposes to exempt this system of records because
these records support the conduct of criminal law enforcement
activities, and certain requirements of the Privacy Act may interfere
with the effective execution of these activities, and undermine, good
order and discipline. The Privacy Act, pursuant to 5 U.S.C. 552a(j)(2),
authorizes agencies with a principal law enforcement function
pertaining to the enforcement of criminal laws (including activities of
prosecutors, courts, etc.) to claim an exemption for systems of records
that contain information identifying criminal offenders and alleged
offenders, information compiled for the purpose of criminal
investigation, or reports compiled during criminal law enforcement
proceedings. Additionally, the Privacy Act, pursuant to 5 U.S.C.
552a(k)(2), authorizes agencies to compile investigatory material for
law enforcement purposes, other than materials within the scope of 5
U.S.C. 552a(j)(2). The DoD is proposing to claim exemptions from
several provisions of the Privacy Act, including various access,
amendment, disclosure accounting, and notice requirements, pursuant to
5 U.S.C. 552a(j)(2) and 552a(k)(2), to prevent the harms articulated in
this rulemaking from occurring.
If implemented, this rulemaking will deny an individual access
under the Privacy Act to only those portions of records for which one
or more claimed exemptions apply. In addition, 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 DoD-0023, ``Military
Corrections and Parole Board Records,'' is published elsewhere 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 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 rulemaking is not a significant regulatory action.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202(a) of the Unfunded Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532(a)) 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 rulemaking 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. Chapter 6)
The Assistant to the Secretary of Defense for Privacy, Civil
Liberties, and Transparency has certified that this rulemaking is not
subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
because it would not, if promulgated, have a significant economic
impact on a substantial number of small entities. This
[[Page 104470]]
rulemaking 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 35)
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 obtain approval from the Office
of Management and Budget before using identical questions to collect
information from ten or more persons. This rulemaking 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 proposed rule (and subsequent
final rule) that has federalism implications, imposes substantial
direct compliance costs on State and local governments, and is not
required by statute, or has federalism implications and preempts State
law. This rulemaking 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 proposed rule (and subsequent
final 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 rulemaking will not have a substantial effect on Indian
Tribal governments.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, the Department of Defense proposes to amend 32 CFR
part 310 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. 310.13 by:
0
a. Adding reserved paragraphs (e)(15) and (16).
0
b. Adding paragraph (e)(17).
The additions read as follows:
Sec. 310.13 Exemptions for DoD-wide systems.
* * * * *
(e) * * *
(15)-(16) [Reserved]
(17) System identifier and name. DoD-0023, ``Military Correction
and Parole Board Records''.
(i) Exemptions. When applying exemption (j)(2), this system of
records is exempt from 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3),
and (4); (e)(1), (2), (3), (4)(G), (4)(H), and 4(I), (5), and (8); (f);
and (g). When applying exemption (k)(1) and (k)(2), this system of
records is exempt from 5 U.S.C. 552a(c)(3); (d)(1), (2), (3), and (4);
(e)(1), (2), (3), (4)(G), (4)(H), (4)(I), and (5), and (f).
(ii) Authority. 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2).
(iii) Exemption from the particular subsections. Exemption from the
particular subsections is justified for the following reasons:
(A) Subsection (c)(3),(d)(1), and (d)(2)--(1) Exemption (j)(2).
Records in this system of records may contain investigatory material
compiled for criminal law enforcement purposes to include information
identifying criminal offenders and alleged offenders, information
compiled for the purpose of criminal investigation, or reports compiled
during criminal law enforcement proceedings. Application of exemption
(j)(2) may be necessary as access to, amendment of, or release of the
accounting of disclosures of such records could: Inform the record
subject of an investigation of the existence, nature, or scope of an
actual or potential law enforcement or disciplinary investigation, and
thereby seriously impede law enforcement, prosecutorial, or
disciplinary efforts by permitting the record subject and other persons
to whom he might disclose the records to avoid criminal penalties, or
disciplinary measures; reveal confidential sources who might not have
otherwise come forward to assist in an investigation and thereby hinder
DoD's ability to obtain information from future confidential sources
and result in an unwarranted invasion of the privacy of others.
(2) Exemption (k)(1). Records in this system of records may contain
information concerning DoD personnel or disciplinary activities 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.
(3) Exemption (k)(2). Records in this system of records may contain
investigatory material compiled for law enforcement purposes other than
material within the scope of 5 U.S.C. 552a(j)(2). Application of
exemption (k)(2) for such records may be necessary because access to,
amendment of, or release of the accounting of disclosures of such
records could: inform the record subject of an investigation of the
existence, nature, or scope of an actual or potential law enforcement
or disciplinary investigation, and thereby seriously impede law
enforcement, disciplinary, or prosecutorial efforts by permitting the
record subject and other persons to whom he might disclose the records
or the accounting of records to avoid criminal penalties, civil
remedies, or disciplinary measures; interfere with a civil or
administrative action or investigation which may impede those actions
or investigations; reveal confidential sources who might not have
otherwise come forward to assist in an investigation and thereby hinder
DoD's ability to obtain information from future confidential sources;
and result in an unwarranted invasion of the privacy of others.
(B) Subsection (c)(4), (d)(3) and (4). These subsections are
inapplicable to the extent that an exemption is being claimed from
subsections (d)(1) and (2).
(C) Subsection (e)(1). In the collection of information for
investigatory or law enforcement purposes, it is not always possible to
conclusively determine the relevance and necessity of particular
information in the early stages of the investigation or adjudication.
In some instances, it will be only after the collected information is
evaluated in light of other information that its relevance and
necessity for effective investigation and adjudication can be assessed.
Collection of such information permits more informed decision-making by
the Department when making required disciplinary and prosecutorial
determinations. Additionally, records within this system may be
properly classified pursuant to executive order. Accordingly,
application of exemptions
[[Page 104471]]
(j)(2), (k)(1), and (k)(2) may be necessary.
(D) Subsection (e)(2). To collect information from the subject
individual could serve notice that he or she is the subject of a
criminal investigation and thereby present a serious impediment to such
investigations. Collection of information only from the individual
accused of criminal activity or misconduct could also subvert discovery
of relevant evidence and subvert the course of justice. Accordingly,
application of exemption (j)(2) may be necessary.
(E) Subsection (e)(3). To inform individuals as required by
subsection (e)(3) could reveal the existence of a criminal
investigation and compromise investigative efforts. Accordingly,
application of exemption (j)(2) may be necessary.
(F) Subsections (e)(4)(G) and (H). These subsections are
inapplicable to the extent an exemption is claimed from subsections
(d)(1) and (2).
(G) Subsection (e)(4)(I). To the extent that this provision is
construed to require more detailed disclosure than the broad, generic
information currently published in the system notice, an exemption from
this provision is necessary to protect the confidentiality of sources
of information and to protect privacy and physical safety of witnesses
and informants.
(H) Subsection (e)(5). It is often impossible to determine in
advance if investigatory records contained in this system are accurate,
relevant, timely and complete, but, in the interests of effective law
enforcement, it is necessary to retain this information to aid in
establishing patterns of activity and provide investigative leads. With
the passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light and the accuracy of such information can only be determined
through judicial processes. Accordingly, application of exemption
(j)(2) may be necessary.
(I) Subsection (e)(8). To serve notice could give persons
sufficient warning to evade investigative efforts. Accordingly,
application of exemption (j)(2) may be necessary.
(J) Subsection (f). The agency's rules are inapplicable to those
portions of the system that are exempt. Accordingly, application of
exemptions (j)(2), (k)(1), and (k)(2) may be necessary.
(K) Subsection (g). This subsection is inapplicable to the extent
that the system is exempt from other specific subsections of the
Privacy Act. Accordingly, application of exemption (j)(2) may be
necessary.
(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: December 11, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-29639 Filed 12-20-24; 8:45 am]
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