[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Rules and Regulations]
[Pages 22807-22808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9747]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2011-OS-0008]

32 CFR Part 321


Privacy Act of 1974; Implementation

AGENCY: Defense Security Service, DoD.

ACTION: Direct final rule with request for comments.

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SUMMARY: The Defense Security Service is deleting an exemption rule for 
V5-05 entitled ``Joint Personnel Adjudication System (JPAS)'' in its 
entirety. The system has been transferred to the Office of the 
Secretary of Defense.
    This direct final rule makes nonsubstantive changes to the Defense

[[Page 22808]]

Security Service Privacy Program rules. These changes will allow the 
Department to transfer this system to another organization within the 
Department. This will improve the efficiency and effectiveness of DoD's 
program by preserving the exempt status of the records when the 
purposes underlying the exemption are valid and necessary to protect 
the contents of the records.
    This rule is being published as a direct final rule as the 
Department of Defense does not expect to receive any adverse comments, 
and so a proposed rule is unnecessary.

DATES: The rule will be effective on July 5, 2011 unless comments are 
received that would result in a contrary determination. Comments will 
be accepted on or before June 24, 2011.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    <bullet> Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, Room 3C843, 
1160 Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number 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 http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Leslie Blake at (703) 325-9450.

SUPPLEMENTARY INFORMATION:

Direct Final Rule and Significant Adverse Comments

    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves nonsubstantive changes dealing with 
DoD's management of its Privacy Progams. DoD expects no opposition to 
the changes and no significant adverse comments. However, if DoD 
receives a significant adverse comment, the Department will withdraw 
this direct final rule by publishing a notice in the Federal Register. 
A significant adverse comment is one that explains: (1) Why the direct 
final rule is inappropriate, including challenges to the rule's 
underlying premise or approach; or (2) why the direct final rule will 
be ineffective or unacceptable without a change. In determining whether 
a comment necessitates withdrawal of this direct final rule, DoD will 
consider whether it warrants a substantive response in a notice and 
comment process.

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been determined that Privacy Act rules for the Department of 
Defense are not significant rules. The rules do not (1) Have an annual 
effect on the economy of $100 million or more or adversely affect in a 
material way the economy; a sector of the economy; productivity; 
competition; jobs; the environment; public health or safety; or State, 
local, or tribal governments or communities; (2) Create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another Agency; (3) Materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs, or the rights and 
obligations of recipients thereof; or (4) Raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in these Executive orders.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)

    It has been determined that Privacy Act rules for the Department of 
Defense do not have significant economic impact on a substantial number 
of small entities because they are concerned only with the 
administration of Privacy Act systems of records within the Department 
of Defense.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been determined that Privacy Act rules for the Department of 
Defense impose no additional information collection requirements on the 
public under the Paperwork Reduction Act of 1995.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been determined that Privacy Act rulemaking for the 
Department of Defense does not involve a Federal mandate that may 
result in the expenditure by State, local and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more and 
that such rulemaking will not significantly or uniquely affect small 
governments.

Executive Order 13132, ``Federalism''

    It has been determined that Privacy Act rules for the Department of 
Defense do not have federalism implications. The rules do not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

List of Subjects in 32 CFR Part 321

    Privacy.

    Accordingly, 32 CFR 321 is amended as follows:

PART 321--DEFENSE SECURITY SERVICE PRIVACY PROGRAM

0
1. The authority citation for 32 CFR part 321 continues to read as 
follows:

    Authority:  Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).


0
2. In Sec.  321.13, remove and reserve paragraph (h) to read as 
follows:


Sec.  321.13  Exemptions.

* * * * *
    (h) [Reserved].

    Dated: April 8, 2011.
Patricia Topping,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-9747 Filed 4-22-11; 8:45 am]
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