[Federal Register Volume 62, Number 170 (Wednesday, September 3, 1997)]
[Rules and Regulations]
[Page 46446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23295]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311


OSD Privacy Program

AGENCY: Office of the Secretary, DOD.
ACTION: Final rule.

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SUMMARY: In accordance with the Privacy Act of 1974, the Office of the 
Secretary of Defense (OSD) exempts a system of records, DFM&P 26, 
entitled Vietnamese Commandos Compensation Files, from certain 
provisions of 5 U.S.C. 552a. Exemption is needed to comply with the 
prohibition against disclosure of properly classified portions of this 
record system.
DATES: Effective: August 25, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 695-0970.
SUPPLEMENTARY INFORMATION: 
    The proposed rule was published on June 25, 1997, at 62 FR 34187. 
No comments were received, therefore, the rule is being adopted as 
published.
Executive Order 12866.  It has been determined that this Privacy Act 
rule for the Department of Defense does not constitute `significant 
regulatory action'. Analysis of the rule indicates that it does not 
have an annual effect on the economy of $100 million or more; does not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; does not materially alter the 
budgetary impact of entitlements, grants, user fees, or loan programs 
or the rights and obligations of recipients thereof; does not raise 
novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in Executive Order 
12866.
Regulatory Flexibility Act. It has been determined that this Privacy 
Act rule for the Department of Defense does not have 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 the Department of Defense.
Paperwork Reduction Act. It has been determined that this Privacy Act 
rule for the Department of Defense imposes 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, and 44 U.S.C. Chapter 35.
    The proposed rule was published on June 25, 1997, at 62 FR 34187. 
No comments were received, therefore, the rule is being adopted as 
published.

List of Subjects in 32 CFR part 311

    Privacy.
    Accordingly, 32 CFR part 311 is amended as follows:
    1. The authority citation for 32 CFR part 311 continues to read as 
follows:
    Authority: Pub.L. 93-579, 88 Stat 1896 (5 U.S.C.552a).
    2. Section 311.7 is amended by adding paragraphs (c)(10)(i) through 
(c)(10)(iii) to read as follows:


Sec.  311.7 Procedures for exemptions.

* * * * *
    (c)  Specific exemptions. * * *
    (10) System identifier and name: DFMP 26, Vietnamese Commando 
Compensation Files.
    (i) Exemption: Information classified under E.O. 12958, as 
implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C. 
552a(k)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(1).
    (iii) Reasons: From subsection 5 U.S.C. 552a(d) because granting 
access to information that is properly classified pursuant to E.O. 
12958, as implemented by DoD 5200.1-R, may cause damage to the national 
security.
    Dated: August 28, 1997.

L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense
[FR Doc. 97-23295 Filed 9-2-97; 8:45 am]
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