[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Proposed Rules]
[Pages 44602-44603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6719]


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DEPARTMENT OF DEFENSE

32 CFR Part 312

[Docket No. DOD-2006-OS-0168]
RIN 0790-AI01


Inspector General; Privacy Act; Implementation

AGENCY: Inspector General, DoD.

ACTION: Proposed rule.

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SUMMARY: The Office of the Inspector General (OIG) is proposing to 
exempt a new system of records in its inventory of systems of records 
pursuant to the Privacy Act of 1974 (5 U.S.C. 552), as amended, to 
protect records that are presently exempt from certain requirements of 
the Act.

DATES: Comments must be received on or before October 6, 2006 to be 
considered by this agency.

ADDRESSES: You may submit comments, identified by docket number and or 
RIN number and title, by any of the following methods.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20311-1160.
    Instructions: All submissions received must include the agency Name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions for members of the pubic is to make these submissions 
available for public viewing on the Internet at http://regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Darryl R. Aaron at (703) 604-9785.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ``Regulatory Planning and 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 this Executive order.

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 information requirements beyond the Department of 
Defense and that the information collected within the Department of 
Defense is necessary and consistent with 5 U.S.C. 552a, known as the 
Privacy Act of 1974.

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 312

    Privacy.

    Accordingly, 32 CFR part 312 is proposed to be amended as follows:

PART 312--OIG PRIVACY ACT PROGRAM

    1. The authority citation for 32 CFR part 312 continues to read as 
follows:

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

    2. Section 312.12, is proposed to be revised by adding paragraph 
(j) to read as follows:


Sec.  312.12  Exemptions.

    (j) System identifier: CIG 23.
    (1) System name: Public Affairs Files.
    Exemption: During the course of processing a request for 
information, exempt materials from other systems of records may in turn 
become part of the records in this system. To the extent that copies of 
exempt records from those `other' systems of records are entered into 
this Public Affairs Files, the Office of the Inspector General hereby 
claims the same exemptions for the records from those `other' systems 
that are entered into this system, as claimed for the original primary 
systems of records which they are a part.
    (3) Authority: 5 U.S.C. 552(j)(2), (k)(1), (k)(2), (k)(3), (k)(4), 
(k)(5), (k)(6), and (k)(7).
    (4) Reasons: Records are only exempt from pertinent provisions of 5 
U.S.C. 552a to the extent (1) such provisions have been identified and 
an exemption claimed for the original record and (2) the purposes 
underlying the exemption for the original record still pertain to the 
record which is now contained in this

[[Page 44603]]

system of records. In general, the exemptions were claimed in order to 
protect properly classified information relating to national defense 
and foreign policy, to avoid interference during the conduct of 
criminal, civil, or administrative actions or investigations, to ensure 
protective services provided the President and others are not 
compromised, to protect the identity of confidential sources incident 
to Federal employment, military service, contract, and security 
clearance determinations, to preserve the confidentiality and integrity 
of Federal testing materials, and to safeguard evaluation materials 
used for military promotions when furnished by a confidential source. 
The exemption rule for the original records will identify the specific 
reasons why the records are exempt from specific provisions of 5 U.S.C. 
552a.
* * * * *

    Dated: August 1, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 06-6719 Filed 8-4-06; 8:45 am]
BILLING CODE 5001-06-M