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[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Rules and Regulations]
[Pages 22808-22809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9748]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2011-OS-0009]

32 CFR Part 323

Privacy Act of 1974; Implementation

AGENCY: Defense Logistics Agency, DoD.

ACTION: Direct final rule with request for comments.

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SUMMARY: The Department of Defense is updating the Defense Logistics 
Agency Privacy Act Program Rules, by adding the exemption rules (j)(2), 
(k)(2), (k)(3), (k)(4), (k)(5), (k)(6), and (k)(7) for S510.30, Freedom 
of Information Act/Privacy Act Requests and Administrative Appeal 
Records to accurately describe the basis for exempting the records. The 
S510.30 system of records notice was printed on January 22, 2009 in the 
Federal Register.
    This direct final rule makes nonsubstantive changes to the Defense 
Logistics Agency Privacy Program rules. These changes will allow the 
Department to exempt records from certain portions of the Privacy Act. 
This will improve the efficiency and effectiveness of DoD's program by 
preserving the exempt status of the

[[Page 22809]]

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.

FOR FURTHER INFORMATION CONTACT:  Ms. Jody Sinkler at (703) 767-5045.

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 323

    Privacy.

    Accordingly, 32 CFR part 323 is amended as follows:

PART 323--DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM

0
1. The authority citation for 32 CFR part 323 continues to read as 
follows:

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

0
2. In Appendix H to part 323, add paragraph (g) to read as follows:

Appendix H to Part 323--DLA Exemption Rules

* * * * *
    g. ID: S510.30
    1. System name: Freedom of Information Act/Privacy Act Requests 
and Administrative Appeal Records.
    2. Exemption: During the processing of a Freedom of Information 
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 Logistics 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.
    3. Authority: 5 U.S.C. 552a(j)(2), (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 such provisions have been identified and 
an exemption 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: April 8, 2011.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-9748 Filed 4-22-11; 8:45 am]
BILLING CODE 5001-06-P
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