[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Proposed Rules]
[Pages 44603-44604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6721]


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DEPARTMENT OF DEFENSE

32 CFR Part 318

[Docket No. D0D-2006-OS-0169]
RIN 0790-AI03


Defense Threat Reduction Agency; Privacy Act; Implementation

AGENCY: Defense Threat Reduction Agency DoD.

ACTION: Proposed rule.

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SUMMARY: The Defense Threat Reduction Agency is proposing to exempt 
those records contained in HDTRA 021, entitled ``Freedom of Information 
Act and Privacy Act Case Files'' when an exemption has been previously 
claimed for the records in another Privacy Act system of records. The 
exemption is intended to preserve the exempt status of the record when 
the purposes underlying the exemption for the original records are 
still valid and necessary to protect the contents of the records.

DATES: Comments must be received by October 6, 2006.

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 20301-1160.
    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 from members of the public 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: Ms. Brenda M. Carter at (703) 767-1771 
or DSN 427-1771.

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 318

    Privacy.

    Accordingly, 32 CFR part 318 is proposed to be amended as follows:

PART 318--DEFENSE THREAT REDUCTION AGENCY PRIVACY PROGRAM

    1. The authority citation for 32 CFR part 318 continued to read as 
follows:

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

    2. Section 318.16 is proposed to be amended by adding paragraph (d) 
as follows:


Sec.  318.16  Exemption rules.

* * * * *
    (d) System identifier and name: HDTRA 021, Freedom of Information 
Act and Privacy Act Request Case Files.
    (1) Exemption: During the processing of a Freedom of Information 
Act or Privacy Act request exempt materials from other systems of 
records may in turn become part of the case record in this system. To 
the extent that copies of exempt records from those `other' systems of 
records are entered into this system, the Defense Threat Reduction 
Agency claims the same exemptions for the records from those `other' 
systems that are entered into this system, as claimed for the original 
primary system of which they are a part.
    (2) Authority: 5 U.S.C. 552a(j)(2), (k)(l), (k)(2), (k)(3), (k)(4), 
(k)(5), (k)(6) and (k)(7).
    (3) Reasons: Records are only exempt from pertinent provisions of 5 
U.S.C. 552a to the extent such provisions have been identified and an 
exemption

[[Page 44604]]

claimed for the original record and the purposes underlying the 
exemption for the original record still pertain to the record which is 
now contained in this 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. 06-6721 Filed 8-4-06; 8:45 am]
BILLING CODE 5001-06-M