[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Rules and Regulations]
[Pages 15592-15593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6172]


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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.

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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.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> 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.

[[Page 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

0
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).


0
2. Section 319.13 is amended by adding paragraph (j) to read as 
follows:


Sec.  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]
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