15592 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 

Executive Order 13132, ‘‘Federalism’’ 

It has been determined that the 

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 319 

Privacy. 

Accordingly, 32 CFR part 319 is 

amended as follows: 

PART 319—DEFENSE INTELLIGENCE 

AGENCY PRIVACY PROGRAM 

■ 1. The authority citation for 32 CFR 

part 319 continues to read as follows: 

Authority: Pub. L. 93–579, 5 U.S.C. 552a(f) 

and (k). 

§ 319.13 [Amended] 

■ 2. In § 319.13, remove and reserve 

paragraph (d). 

Dated: February 28, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–6174 Filed 3–15–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2012–OS–0029] 

32 CFR Part 319 

Privacy Act; Implementation 

AGENCY: Defense Intelligence Agency, 

DoD. 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: The Defense Intelligence 

Agency (DIA) is adding a new 

exemption rule for LDIA 0010, entitled 

‘‘Information Requests-Freedom of 

Information Act (FOIA) and Privacy 

Act’’ to exempt those records that have 

been previously claimed for the records 

in another Privacy Act system of 

records. To the extent that copies of 

exempt records from those other 

systems of records are entered into these 

case records, DIA hereby claims the 

same exemptions for the records as 

claimed in the original primary system 

of records of which they are a part. This 

direct final rule makes nonsubstantive 

changes to the Defense Intelligence 

Agency Program rules. This will 

improve the efficiency and effectiveness 

of DoD’s program by allowing those 

records that are only exempt from 

pertinent provisions of law, 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, to still pertain to the 

record which is now contained in this 

system of 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 is effective on May 25, 

2012 unless comments are received that 

would result in a contrary 

determination. Comments will be 

accepted on or before May 15, 2012. If 

DoD receives a significant adverse 

comment, the Department will publish 

a withdrawal of this direct final rule in 

the Federal Register. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

2nd Floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

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://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Theresa Lowery at (202) 231–1193. 

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 publish a withdrawal 

of this direct final rule 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 the 

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. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 15593 

Executive Order 13132, ‘‘Federalism’’ 

It has been determined that the 

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 319 

Privacy. 

Accordingly, 32 CFR part 319 

amended as follows: 

PART 319—DEFENSE INTELLIGENCE 

AGENCY PRIVACY PROGRAM 

■ 1. The authority citation for 32 CFR 

part 319 continues to read as follows: 

Authority: Pub. L. 93–579, 5 U.S.C. 552a(f) 

and (k). 

■ 2. Section 319.13 is amended by 

adding paragraph (j) to read as follows: 

§ 319.13 Specific exemptions. 

* * * * * 

(j) System identifier and name: LDIA 

0010, Information Requests-Freedom of 

Information Act (FOIA) and Privacy Act. 

(1) Exemption: During the course of 

information requests-FOIA and Privacy 

Act actions, exempt records/material 

from other systems of records may 

become part of this system of records. 

For such records/material, DIA hereby 

claims the same exemptions as is 

claimed for the systems from which 

such records/material are derived. 

(2) Authority: 5 U.S.C. 552a(k)(2) 

through (k)(7). 

(3) Reasons: Records in a system of 

records are only exempted from 

pertinent provisions of 5 U.S.C. 552a to 

the extent such provisions are identified 

and an exemption claimed. In general, 

exemptions claimed protect properly 

classified information relating to 

national defense and foreign policy; 

avoid interference during the conduct of 

criminal, civil, or administrative actions 

or investigations; ensure protective 

services provided the President and 

others are not compromised; protect the 

identity of confidential sources incident 

to Federal employment, military service, 

contract, and security clearance 

determinations; preserve the 

confidentiality and integrity of Federal 

testing materials; and safeguard 

evaluation materials used for military 

promotions when furnished by a 

confidential source. The exemption 

rule(s) for the systems of records from 

which the records/materials was 

derived will identify the specific 

reasons why the records/materials are 

exempt from provisions of 5 U.S.C. 

552a. 

Dated: February 28, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–6172 Filed 3–15–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2012–OS–0033] 

32 CFR Part 319 

Privacy Act; Implementation 

AGENCY: Defense Intelligence Agency, 

DoD. 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: The Defense Intelligence 

Agency (DIA) is adding a new 

exemption rule for LDIA 0900, entitled 

‘‘Accounts Receivable, Indebtedness 

and Claims’’ to exempt those records 

that have been previously claimed for 

the records in another Privacy Act 

system of records. To the extent that 

copies of exempt records from those 

other systems of records are entered into 

these case records, DIA hereby claims 

the same exemptions for the records as 

claimed in the original primary system 

of records of which they are a part. This 

direct final rule makes nonsubstantive 

changes to the Defense Intelligence 

Agency 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 records when the purposes 

underlying the exemption for the 

original records are still 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 is effective on May 25, 

2012 unless comments are received that 

would result in a contrary 

determination. Comments will be 

accepted on or before May 15, 2012. If 

DoD receives a significant adverse 

comment, the Department will publish 

a withdrawal of this direct final rule in 

the Federal Register. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket management 

System Office, 4800 Mark Center Drive, 

2nd Floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

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://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Theresa Lowery at (202) 231–1193. 

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 publish a withdrawal 

of this direct final rule 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 


srobinson on DSK4SPTVN1PROD with RULES