[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Proposed Rules]
[Pages 81438-81439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27095]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 310

[Docket ID: DoD-2020-OS-0084]
RIN 0790-AK99


Privacy Act of 1974; Implementation

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Proposed rule.

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SUMMARY: The Office of the Secretary of Defense proposes to exempt some 
records maintained in DoD 0003 ``Mobilization Deployment Management 
Information System (MDMIS)''. The proposed action is sought to protect 
classified information for national security purposes. In the course of 
carrying out collections and analysis of information, exempt records 
received from other Systems of Records may become part of this system. 
To the extent that copies of exempt records from those other systems of 
records are maintained in this system, the Department also claims the 
same exemptions for the records from those other systems that are 
maintained in 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.

DATES: Send comments on or before February 16, 2021.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: The DoD cannot receive written comments at this time due to 
the COVID-19 pandemic. Comments should be sent electronically to the 
docket listed above.
    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 https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cheryl Jenkins at (703) 571-0070.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
proposes to exempt some records maintained in DoD 0003 ``Mobilization 
Deployment Management Information System (MDMIS)'' from subsections 5 
U.S.C. 552a(c)(3), (d)(1), (2), (3), and (4) of the Privacy Act, 
pursuant to 5 U.S.C. 552a(k)(1). This proposed modification to 32 CFR 
part 310 adds a new Privacy Act exemption rule for the Mobilization 
Deployment Management Information System (MDMIS), a system which 
accounts for the mobilization and deployment of every unit and military 
member in an automated and auditable information technology platform.
    Some information within the MDMIS may be classified pursuant to 
executive order. Information classified pursuant to executive order, as 
implemented by DoD Instruction (DoDI) 5200.01 and DoD Manual (DoDM) 
5200.01, Volumes 1 and 3, may be exempt pursuant to 5 U.S.C. 
552a(k)(1). Granting unfettered access to information that is properly 
classified pursuant to those authorities may cause damage to the 
national security.

Regulatory Analysis

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

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. It has been determined that this rule is not a significant 
regulatory action and has not been reviewed by the Office of Management 
and Budget under these Executive Orders.

Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs''

    This rule has been deemed not significant under Executive Order 
(E.O.) 12866, ``Regulatory Planning and Review.'' Therefore, the 
requirements of E.O. 13771, ``Reducing Regulation and Controlling 
Regulatory Costs,'' do not apply.

Congressional Review Act

    This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

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

    It has been certified that this rule does not have a significant 
economic impact on a substantial number of small entities because it is 
concerned only with the administration of Privacy Act systems of 
records within DoD. A Regulatory Flexibility Analysis is not required.

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

    It has been determined that this rule does not impose additional 
information collection requirements on the public under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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

    It has been determined that this rule 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 it will not significantly or uniquely affect 
small governments.

Executive Order 13132, ``Federalism''

    It has been determined that this rule does not have federalism 
implications. This rule does 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 310

    Privacy.

    Accordingly, 32 CFR part 310 is proposed to be amended as follows:

PART 310--PROTECTION OF PRIVACY AND ACCESS TO AND AMENDEMENT OF 
INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974

0
1. The authority citation for 32 CFR part 310 continues to read as 
follows:

    Authority:  5 U.S.C. 552a.

0
2. Section 310.13 is amended by adding paragraph (e)(3) as follows:


Sec.  310.13  Procedures for exemptions.

* * * * *
    (e) * * *
    (3) System identifier and name. DoD 0003 ``Mobilization Deployment

[[Page 81439]]

Management Information System (MDMIS).''
    (i) Exemptions. This system of records is exempt from subsections 5 
U.S.C. 552a(c)(3), (d)(1), (d)(2), (d)(3), and (d)(4) of the Privacy 
Act.
    (ii) Authority. 5 U.S.C. 552a(k)(1).
    (iii) Exemption from the particular subsections. Exemption from the 
particular subsections is justified for the following reasons:
    (A) From subsection (c)(3) (accounting of disclosures) because 
common enterprise records may contain information properly classified 
pursuant to Executive Order; some disclosure accountings of such 
records may also contain information properly classified pursuant to 
executive order that if disclosed could damage national security.
    (B) From subsections (d)(1), (2), (3), and (4) (record subject's 
right to access and amend records) because access to, amendment of, or 
release of the accounting of disclosures of such records could disclose 
information properly classified pursuant to executive order that could 
damage national security.
    (iv) Exempt records from other systems. In addition, in the course 
of carrying out the overall purpose for this system, exempt records 
from other systems 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 4, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-27095 Filed 12-15-20; 8:45 am]
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