Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations 57015 

maintained with attention to accuracy, 

relevance, timeliness, and completeness 

would unfairly hamper the investigative 

process. It is the nature of law 

enforcement for investigations to 

uncover the commission of illegal acts 

at diverse stages. It is frequently 

impossible to determine initially what 

information is accurate, relevant, timely, 

and least of all complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation 

brings new details to light. 

(viii) From subsection (f) because the 

agency’s rules are inapplicable to those 

portions of the system that are exempt 

and would place the burden on the 

agency of either confirming or denying 

the existence of a record pertaining to a 

requesting individual might in itself 

provide an answer to that individual 

relating to an on-going investigation. 

The conduct of a successful 

investigation leading to the indictment 

of a criminal offender precludes the 

applicability of established agency rules 

relating to verification of record, 

disclosure of the record to the 

individual and record amendment 

procedures for this record system. 

(ix) From subsection (g) because this 

system of records should be exempt to 

the extent that the civil remedies relate 

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

which this rule exempts the system. 

* * * * * 

Dated: September 11, 2012. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2012–22655 Filed 9–14–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2012–OS–0104] 

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 0209, entitled 

‘‘Litigation Case Files’’ to exempt those 

records that have been previously 

claimed for the records in another 

Privacy Act system of records. DIA is 

updating the DIA Privacy Act Program 

by adding the (k)(2) and (k)(5) 

exemptions to accurately describe the 

basis for exempting the records in the 

system of records notice LDIA 0209, 

Litigation Case Files. In addition, 

exempt materials from other systems of 

records may in turn become part of the 

case records in this system. To the 

extent that copies of exempt records 

from those ‘other’ systems of records are 

entered into this case record, the 

Defense Intelligence Agency hereby 

claims the same exemptions for the 

records from those ‘other’ systems that 

are entered into this system, as claimed 

for the original primary systems of 

records, 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 

ensuring the integrity of the security 

and counterintelligence records by the 

Defense Intelligence Agency and the 

Department of Defense. 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 

November 26, 2012 unless comments 

are received that would result in a 

contrary determination. Comments will 

be accepted on or before November 16, 

2012. If adverse comment is received, 

DoD will publish a timely withdrawal of 

the rule in the Federal Register. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

* Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

* Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive; 

East Tower, Suite 02G09, Alexandria, 

VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number 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 Programs. 

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. 


tkelley on DSK3SPTVN1PROD with RULES
57016 Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations 

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. 

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). 

■ 2. Section 319.13 is amended by 

adding paragraph (l) to read as follows: 

§ 319.13 Specific exemptions. 

* * * * * 

(l) System identifier and name: LDIA 

0209, Litigation Case Files. 

(1) Exemptions: Investigatory material 

compiled for law enforcement purposes, 

other than material within the scope of 

subsection 5 U.S.C 552a(j)(2), may be 

exempt pursuant to 5 U.S.C 552(k)(2). 

However, if an individual is denied any 

right, privilege, or benefit for which he 

would otherwise be entitled by Federal 

law or which he would otherwise be 

eligible, as a result of maintenance of 

the information, the individual will be 

provided access to the information 

except to the extent that disclosure 

would reveal the identity of a 

confidential source. This exemption 

provides limited protection of 

investigative reports maintained in a 

system of records used in personnel or 

administrative actions. Investigatory 

material compiled solely for the purpose 

of determining suitability, eligibility, or 

qualifications for federal civilian 

employment, military service, federal 

contracts, or access to classified 

information may be exempt pursuant to 

5 U.S.C. 552a(k)(5), but only to the 

extent that such material would reveal 

the identity of a confidential source. 

Any portion of this record system which 

falls within the provisions of 5 U.S.C. 

552a(k)(2)and (k)(5) may be exempt 

from the following subsections of 5 

U.S.C. 552a: (c)(3), (d)(1)(2)(3)(4)(5), 

(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I). 

Exempt materials from other systems of 

records may in turn become part of the 

case records in this system. To the 

extent that copies of exempt records 

from those ‘other’ systems of records are 

entered into this case record, the 

Defense Intelligence Agency hereby 

claims the same exemptions for the 

records from those ‘other’ systems that 

are entered into this system, as claimed 

for the original primary systems of 

records, which they are a part. 

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

(k)(2), (k)(3), (k)(4), (k)(5), (k)(6), and 

(k)(7). 

(3) Reasons: The reason for asserting 

these exemptions (k)(2) and (k)(5) is to 

ensure the integrity of the litigation 

process. 

Dated: September 11, 2012. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2012–22745 Filed 9–14–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2012–OS–0103] 

32 CFR Part 319 

Privacy Act; Implementation 

AGENCY: Defense Intelligence Agency, 

DoD. 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: Defense Intelligence Agency 

(DIA) is updating the DIA Privacy Act 

Program by adding the (k)(2) and (k)(5) 

exemptions to accurately describe the 

basis for exempting the records in the 

system of records notice LDIA 12–0002, 

Privacy and Civil Liberties Case 

Management System. 

This direct final rule makes nonsubstantive changes to the Defense 

Intelligence Agency Program rules. 

These changes will allow the 

Department to add exemption rules to 

the DIA Privacy Program rules that will 

exempt applicable Department records 

and/or material from certain portions of 

the Privacy Act. This will improve the 

efficiency and effectiveness of DoD’s 

program by ensuring the integrity of the 

security and counter-intelligence 

records by the Defense Intelligence 

Agency and the Department of Defense. 

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 

November 26, 2012 unless comments 

are received that would result in a 

contrary determination. Comments will 

be accepted on or before November 16, 

2012. If adverse comment is received, 

DoD will publish a timely withdrawal of 

the rule in the Federal Register. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

* Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

* Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

East Tower, Suite 02G09, Alexandria, 

VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number 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 Defense Intelligence 

Agency, DAN 1–C, 600 MacDill Blvd., 

Washington, DC 20340–0001 or by 

phone 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 non-substantive 

changes dealing with DoD’s 

management of its Privacy Programs. 

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 


tkelley on DSK3SPTVN1PROD with RULES