60900 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Proposed Rules

Register Notice (‘‘notice’’) posed twelve

questions in all; some were general

regulatory review questions, while

others asked about material issues that

are specific to the smokeless tobacco

regulations. The notice requested

commenters to provide answers where

possible, and specifically asked for

consumer research, studies or other data

to support comments submitted to the

Commission. Pursuant to the Federal

Register Notice, the initial comment

period ended on April 24, 2000. The

Commission subsequently reopened and

extended that comment period to July

21, 2000.

After the comment period ended,

United States Tobacco Company

requested an opportunity to submit an

untimely comment. In particular, the

company would like an opportunity to

respond to the comment submitted by

the Massachusetts Department of Health

and the two statistical surveys filed as

part of that comment, and to respond to

questions posed in the Commission’s

Federal Register Notice regarding

potential burdens that may result from

any suggested changes to the existing

regulations.

The Commission is mindful that

United States Tobacco Company has

both notice and opportunity to file a

timely comment. The Commission

likewise appreciates the need to deal

with this matter as expeditiously as

possible. At the same time, the

Commission recognizes the need to

obtain comments from parties that are

directly affected by these regulations.

Accordingly, in order to provide an

opportunity for this and other interested

parties to submit comments, the

Commission has decided to reopen the

public comment period and extend the

deadline for comments until October 16,

2000.

List of Subjects in 16 CFR Part 307

Health warnings, Smokeless tobacco,

Trade practices.

Authority: 15 U.S.C. 1401–1410.

By direction of the Commission,

Commissioner Anthony dissenting.

Donald S. Clark,

Secretary.

[FR Doc. 00–26302 Filed 10–12–00; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF DEFENSE

Defense Logistics Agency

32 CFR Part 323

[Defense Logistics Agency Regulation

5400.21]

Defense Logistics Agency Privacy

Program

AGENCY: Defense Logistics Agency, DoD.

ACTION: Proposed rule.

SUMMARY: The Defense Logistics Agency

(DLA) is proposing to amend its Privacy

Act regulations. These changes consist

of DLA office code changes and DLA

publication name changes. DLA is also

adding language to clarify the training

requirements for its employees and

military members who work with the

news media or the public.

DATES: Comments must be received on

or before December 12, 2000 to be

considered by this agency.

ADDRESSES: Send comments to the

Privacy Act Officer, Defense Logistics

Agency, ATTN: CAAR, 8725 John J.

Kingman Road, Suite 2533, Fort Belvoir,

VA 22060–6221.

FOR FURTHER INFORMATION CONTACT: Ms.

Susan Salus at (703) 767–6183.

SUPPLEMENTARY INFORMATION:

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.

List of Subjects in 32 CFR Part 323

Privacy.

Accordingly, 32 CFR part 323 is

proposed to be amended as follows:

PART 323—DEFENSE LOGISTICS

AGENCY PRIVACY PROGRAM

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).

2. 32 CFR part 323 is propose to be

amended by revising footnotes 1

through 8 to read as follows:

Copies may be obtained, if needed, from

the Defense Logistics Agency, ATTN: DSS–

CV, 8725 John J. Kingman Road, Suite 2533,

Fort Belvoir, VA 22060–6221.

3. Section 323.2(e) is proposed to be

revised to read as follows:

§ 323.2 Policy.

* * * * *

(e) Make reasonable efforts to ensure

that records containing personal

information are accurate, relevant,

timely, and complete for the purposes

for which they are being maintained

before making them available to any

recipients outside DoD, other than a

Federal agency, unless the disclosure is

made under DLAR 5400.14, DLA

Freedom of Information Act Program (32

CFR part 1285).

* * * * *

4. Section 323.4 is proposed to be

amended as follows:

a. By revising paragraph (a)(1)

introductory text,

b. Adding paragraph (a)(1)(v), and

c. Revising paragraph (a)(2),

introductory text, paragraphs (a)(3) and

(b)(4). The revisions and addition read

as follows:

§ 323.4 Responsibilities.

(a) * * *

(1) The Staff Director, Corporate

Communications, DLA Support Services

(DSS–C) will:

* * * * *

(v) Establish training programs for all

individuals with public affairs duties,

and all other personnel whose duties

require access to or contact with

systems of records affected by the

Privacy Act. Initial training will be

given to new employees and military

members upon assignment. Refresher

training will be provided annually or

more frequently if conditions warrant.

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Proposed Rules 60901

(2) The General Counsel, DLA (DLA–

GC) will:

* * * * *

(3) The DLA Chief Information Office

(J–6) will formulate and implement

protective standards for personal

information maintained in automated

data processing systems and facilities.

(b) * * *

(4) Establish training programs for all

individuals with public affairs duties,

and all other personnel whose duties

require access to or contact with

systems of records affected by the

Privacy Act. Initial training will be

given to new employees and military

members upon assignment. Refresher

training will be provided annually or

more frequently if conditions warrant.

5. Section 323.5 is proposed to be

amended by revising, paragraphs

(b)(3)(iv), (b)(4), (b)(5), (c)(5)(ii), (c)(6)

introductory text, (c)(6)(i), (f)(3),

introductory text, (h)(6), (i)(5)(ii), (j)(5),

(k), (l)(1), (1)(2), and (1)(3) and by

removing paragraph (b)(3)(v) to read as

follows:

§ 323.5 Procedures.

* * * * *

(b) * * *

(3) * * *

(iv) Notice to the individual of his or

her right to appeal the denial within 60

calendar days of the date of the denial

letter and to file any such appeal with

the HQ DLA Privacy Act Officer,

Defense Logistics Agency (DSS–CA),

8725 John J. Kingman Road, Suite 2533,

Fort Belvoir, VA 22060–6221.

(4) DLA will process all appeals

within 30 days of receipt unless a fair

and equitable review cannot be made

within that period. The written appeal

notification granting or denying access

is the final DLA action on access.

(5) The records in all systems of

records maintained in accordance with

the Office of Personnel Management

(OPM) Government-wide system notices

are technically only in the temporary

custody of DLA. All requests for access

to these records must be processed in

accordance with the Federal Personnel

Manual (5 CFR part 293, 294, 297 and

735) as well as this part. DLA–GC is

responsible for the appellate review of

denial of access to such records.

(c) * * *

(5) * * *

(ii) Notification that he or she may

seek further independent review of the

decision by filing an appeal with the HQ

DLA Privacy Act Officer, Defense

Logistics Agency (DSS–CA), 8725 John

J. Kingman Road, Suite 2533, Fort

Belvoir, VA 22060–6221, and including

all supporting materials.

(6) DLA will process all appeals

within 30 days unless a fair review

cannot be made within this time limit.

(i) If the appeal is granted, DLA will

promptly notify the requester and

system manager of the decision. The

system manager will amend the

record(s) as directed and ensure that all

prior known recipients of the records

who are known to be retaining the

record are notified of the decision and

the specific nature of the amendment

and that the requester is notified as to

which DoD Components and Federal

agencies have been told of the

amendment.

* * * * *

(f) * * *

(3) All records must be disclosed if

their release is required by the Freedom

of Information Act. DLAR 5400.14, (32

CFR part 1285) requires that records be

made available to the public unless

exempted from disclosure by one of the

nine exemptions found in the Freedom

of Information Act. The standard for

exempting most personal records, such

as personnel records, medical records,

and similar records, is found in DLAR

5400.14 (32 CFR part 1285). Under the

exemption, release of personal

information can only be denied when its

release would be a ‘‘clearly unwarranted

invasion of personal privacy.’’

* * * * *

(f) * * *

(6) DLAI 5530.1, Publications, Forms,

Printing, Duplicating, Micropublishing,

Office Copying, and Automated

Information Management Programs,2

provides guidance on administrative

requirements for Privacy Act Statements

used with DLA forms. Forms subject to

the Privacy Act issued by other Federal

agencies have a Privacy Act Statement

attached or included. Always ensure

that the statement prepared by the

originating agency is adequate for the

purpose for which the form will be used

by the DoD activity. If the Privacy Act

Statement provided is inadequate, the

activity concerned will prepare a new

statement of a supplement to the

existing statement before using the form.

Forms issued by agencies not subject to

the Privacy Act (state, municipal, and

other local agencies) do not contain

Privacy Act statements. Before using a

form prepared by such agencies to

collect personal data subject to this part,

an appropriate Privacy Act Statement

must be added.

* * * * *

(i) * * *

(5) * * *

(ii) Special administrative, physical,

and technical procedures are required to

protect data that are stored or being

processed temporarily in an automated

data processing (ADP) system or in a

work processing activity to protect it

against threats unique to those

environments (see DLAR 5200.17,

Security Requirements for Automated

Information and Telecommunications

System,3 and appendix D of this part).

* * * * *

(j) * * *

(5) Systems notices and reports of

new and altered systems will be

submitted to DLA Support Services

(DSS–CA) as required.

* * * * *

(k) Exemptions. The Director, DLA

will designate the DLA records which

are to be exempted from certain

provision of the Privacy Act. DLA

Support Services (DSS–CA) will publish

in the Federal Register information

specifying the name of each designated

system, the specific provisions of the

Privacy Act from which each system is

to be exempted, the reasons for each

exemption, and the reason for each

exemption of the record system.

(l) * * *

(1) Forward all requests for matching

programs to include necessary routine

use amendments and analysis and

proposed matching program reports to

DLA Support Services. Changes to

existing matching programs shall be

processed in the same manner as a new

matching program report.

(2) No time limits are set by the OMB

guidelines. However, in order to

establish a new routine use for a

matching program, the amended system

notice must have been published in the

Federal Register at least 30 days before

implementation. Submit the

documentation required above to DLA

Support Services (DSS–CA) at least 60

days before the proposed initiation date

of the matching program. Waivers to the

60 days’ deadline may be granted for

good cause shown. Requests for waivers

will be in writing a fully justified.

(3) For the purpose of the OMB

guidelines, DoD and all DoD

Components are considered a single

agency. Before initiating a matching

program using only the records of two

or more DoD activities, notify DLA

Support Services (DSS–CA) that the

match is to occur. Further information

may be requested from the activity

proposing the match.

* * * * *

6. Section 323.6 is proposed to be

revised to read as follows:

§ 323.6 Forms and reports.

DLA activities may be required to

provide data under reporting

requirements established by the Defense

60902 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Proposed Rules

Privacy Office and DLA Support

Services (DSS–CA). Any report

established shall be assigned Report

Control Symbol DD–DA&M(A)1379.

Appendix A to Part 323 [Amended]

7. Appendix A to part 323 is proposed

to be amended by revising paragraphs

C.2., F.2., I.4., revised to read as follows:

* * * * *

C. * * *

2. When multiple locations are identified

by type of organization, the system location

may indicate that official mailing addresses

are contained in an address directory

published as an appendix to DLAH 5400.1.

* * * * *

F. * * *

2. For administrative housekeeping

records, cite the directive establishing DLA

as well as the Secretary of Defense authority

to issue the directive. For example, ‘Pursuant

to the authority contained in the National

Security Act of 1947, as amended (10 U.S.C.

133d), the Secretary of Defense has issued

DoD Directive 5105.22 (32 CFR part 398),

Defense Logistics Agency (DLA), the charter

of the Defense Logistics Agency (DLA) as a

separate agency of the Department of Defense

under his control. Therein, the Director,

DLA, is charged with the responsibility of

maintaining all necessary and appropriate

records.’

I. * * *

4. Retention and disposal. Indicate how

long the record is retained. When

appropriate, state the length of time the

records are maintained by the activity, when

they are transferred to a Federal Records

Center, length of retention at the Records

Center and when they are transferred to the

National Archives or are destroyed. A

reference to DLAI 5015.1,8 DLA Records

Management Procedures and Records

Schedules, or other issuance without further

detailed information is insufficient.

* * * * *

Appendix B to Part 323 [Amended]

8. Appendix B to part 323 is proposed

to be amended by revising paragraphs C.

and F.1 introductory text to read as

follows:

* * * * *

C. Reports of new and altered systems.

Submit a report of a new or altered system

to DLA Support Service (DSS–CA) before

collecting information and for using a new

system or altering an existing system.

* * * * *

F. * * *

11. The OMB may authorize a Federal

agency to begin operation of a system of

records before the expiration of time limits

described above. When seeking such a

waiver, include in the letter of transmittal to

DLA Support Services (CA) an explanation

why a delay of 60 days in establishing the

system of records would not be in the public

interest. The transmittal must include:

* * * * *

Dated: October 6, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–26254 Filed 10–12–00; 8:45 am]

BILLING CODE 5001–10–M