Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10335 

(3) * * * 

(ii) [Reserved]. For further guidance 

see § 57.2T(c)(3)(ii). 

* * * * * 

■ Par. 3. Section 57.2T is added to read 

as follows: 

§ 57.2T Explanation of terms (temporary). 

(a) through (b)(2) [Reserved]. For 

further guidance, see § 57.2(a) through 

(b)(2). 

(3) Application of exclusions—(i) Test 

year. An entity qualifies for an 

exclusion described in § 57.2(b)(2)(i) 

through (iv) if it so qualifies in its test 

year. The term test year means either the 

entire data year or the entire fee year. 

(ii) Consistency rule. For purposes of 

paragraph (b)(3)(i) of this section, an 

entity must use the same test year as it 

used in its first fee year beginning after 

December 31, 2014, and in each 

subsequent fee year. Thus, for example, 

if an entity used the 2014 data year as 

its test year for the 2015 fee year, that 

entity must use the data year as its test 

year for each subsequent fee year. 

(iii) Special rule for fee year as test 

year. For purposes of paragraph (b)(3) of 

this section, any entity that uses the fee 

year as its test year but ultimately does 

not qualify for an exclusion described in 

§ 57.2(b)(2)(i) through (iv) for that entire 

fee year must use the data year as its test 

year for each subsequent fee year. 

(b)(4) through (c)(3)(i) [Reserved]. For 

further guidance, see § 57.2(b)(4) 

through (c)(3)(i). 

(ii) A person is treated as being a 

member of the controlled group if it is 

a member of the group at the end of the 

day on December 31st of the data year. 

However, a person’s net premiums 

written are included in net premiums 

written for the controlled group only if 

the person would qualify as a covered 

entity in the fee year if the person were 

not a member of the controlled group. 

(d) through (n) [Reserved]. For further 

guidance, see § 52.7(d) through (n). 

■ Par. 4. Section 57.10 is revised to read 

as follows: 

§ 57.10 Effective/applicability date. 

(a) In general. Except as provided in 

paragraph (b), §§ 57.1 through 57.9 

apply to any fee that is due on or after 

September 30, 2014. 

(b) [Reserved]. For further guidance, 

see § 57.10T(b). 

■ Par. 5. Section 57.10T is added to read 

as follows: 

§ 57.10T Effective/applicability date 

(temporary). 

(a) [Reserved]. For further guidance, 

see § 57.10(a). 

(b) Paragraphs (b)(3) and (c)(3)(ii) of 

§ 57.2T. Paragraphs (b)(3) and (c)(3)(ii) 

of § 57.2T apply on February 26, 2015. 

(c) Expiration date. Paragraphs (b)(3) 

and (c)(3)(ii) of § 57.2T expire on 

February 23, 2018. 

John Dalrymple, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: February 19, 2015. 

Mark J. Mazur, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2015–03944 Filed 2–23–15; 4:15 pm] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 505 

[USA–2014–0006] 

RIN 0702–AA65 

Army Privacy Program 

AGENCY: Department of the Army, DoD. 

ACTION: Direct final rule. 

SUMMARY: The Department of the Army 

is amending the Army Privacy Program 

Regulation. Specifically, Army is 

reinstating exemptions that were 

mistakenly deleted when the Army’s 

Privacy Program Regulation was last 

revised. These rules provide policies 

and procedures for the Army’s 

implementation of the Privacy Act of 

1974, as amended. 

This direct final rule makes changes 

to the Department of the Army’s Privacy 

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 are 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. 

The revisions to these rules are part 

of DoD’s retrospective plan under 

Executive Order 13563 completed in 

August 2011. DoD’s full plan can be 

accessed at http://www.whitehouse.gov/ 

sites/default/files/other/2011-regulatory

-action-plans/department

ofdefenseregulatory

reformplanaugust2011a.pdf. 

DATES: The rule will be effective on May 

7, 2015 unless comments are received 

that would result in a contrary 

determination. Comments will be 

accepted on or before April 27, 2015. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

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 or 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. 

Tracy Rogers, Chief, FOIA/PA, 

telephone: 703–428–6513. 

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 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 Summary 

I. Purpose of This Regulatory Action 

a. These rules provide policies and 

procedures for Army’s implementation 

of the Privacy Act of 1974, as amended. 

b. Authority: Privacy Act of 1974, 

Public Law 93–579, Stat. 1896 (5 U.S.C. 

552a). 


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10336 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

II. Summary of the Major Provisions of 

This Regulatory Action 

The Army is reinstating and adding 

exemption rules in the exemptions 

section. 

III. Costs and Benefits of This 

Regulatory Action 

This regulatory action imposes no 

monetary costs to the Agency or public. 

The benefit to the public is the accurate 

reflection of the Agency’s Privacy 

Program to ensure that policies and 

procedures are known to the public. 

Regulatory Procedures 

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. This rule does 

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 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 within the Department of 

Defense. 

Public Law 95–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that this 

Privacy Act rule for the Department of 

Defense imposes no 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 this 

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 rule for the Department of 

Defense does not have federalism 

implications. The rule does 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 505 

Privacy. 

Tracy Rogers, 

Chief, Privacy and FOIA Office. 

Accordingly 32 CFR part 505 is 

amended as follows: 

PART 505—ARMY PRIVACY ACT 

PROGRAM 

■ 1. The authority citation for part 505 

continues to read as follows: 

Authority: Pub. L. 93–579, Stat. 1896 (5 

U.S.C. 552a). 

■ 2. Appendix D to part 505 is revised 

to read as follows: 

APPENDIX D TO PART 505— 

EXEMPTIONS, EXCEPTIONS, AND 

DOD BLANKET ROUTINE USES 

(a) Special exemption. 5 U.S.C. 

552a(d)(5)—Denies individual access to any 

information compiled in reasonable 

anticipation of a civil action or proceeding. 

(b) General and specific exemptions. The 

Secretary of the Army may exempt Army 

systems of records from certain requirements 

of the Privacy Act of 1974. The two kinds of 

exemptions that require Secretary of the 

Army enactment are general and specific 

exemptions. The general exemption 

authorizes the exemption of a system of 

records from most requirements of the Act; 

the specific exemptions authorize the 

exemption of a system of record from only a 

few. 

(c) General exemptions. Only Army 

activities actually engaged in the 

enforcement of criminal laws as their 

principal function may claim the general 

exemption. See 5 U.S.C. 552a(j)(2). To qualify 

for this exemption, a system must consist of: 

(1) Information compiled to identify 

individual criminal offenders and alleged 

offenders, which consists only of identifying 

data and arrest records; type and disposition 

of charges; sentencing, confinement, and 

release records; and parole and probation 

status; 

(2) Information compiled for the purpose of 

criminal investigation including reports of 

informants and investigators, and associated 

with an identifiable individual; or 

(3) Reports identifiable to an individual, 

compiled at any stage of the process of 

enforcement of the criminal laws, from arrest 

or indictment through release from 

supervision. 

(d) Specific exemptions. The Secretary of 

the Army has exempted all properly 

classified information and systems of records 

that have the following kinds of information 

listed in this section, from certain parts of the 

Privacy Act. The Privacy Act exemption 

reference appears in parentheses after each 

category. 

(1) Classified information in every Army 

system of records. Before denying any 

individual access to classified information, 

the Access and Amendment Refusal 

Authority must make sure that it was 

properly classified under the standards of 

Executive Orders 11652, 12065, or 12958 and 

that it must remain so in the interest of 

national defense of foreign policy (5 U.S.C. 

552a(k)(1)). 

(2) 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. 552a(k)(2). However, if this 

information has been used to deny someone 

a right, privilege or benefit to which the 

individual is entitled by Federal law, or for 

which an individual would otherwise be 

eligible as a result of the maintenance of the 

information, it must be released, unless doing 

so would reveal the identity of a confidential 

source. Note: When claimed, this exemption 

allows limited protection of investigative 

reports maintained in a system of records 

used in personnel or administrative actions. 

(3) Records maintained in connection with 

providing protective services to the President 

of the United States or other individuals 

protected pursuant to Title 18 U.S.C., section 

3056 (5 U.S.C. 552a(k)(3)). 

(4) Records maintained solely for statistical 

research or program evaluation purposes and 

which are not used to make decisions on the 

rights, benefits, or entitlements of 

individuals, except for census records which 

may be disclosed under Title 13 U.S.C., 

section 8 (5 U.S.C. 552a(k)(4)). 

(5) Investigatory material compiled solely 

to determine suitability, eligibility, or 

qualifications for Federal service, Federal 

contracts, or access to classified information. 

This information may be withheld only to the 

extent that disclosure would reveal the 

identity of a confidential source (5 U.S.C. 

552a(k)(5)). 

(6) Testing or examination material used 

solely to determine if a person is qualified for 

appointment or promotion in the Federal 

service. This information may be withheld 

only if disclosure would compromise the 

objectivity or fairness of the examination 

process (5 U.S.C. 552a(k)(6)). 

(7) Evaluation material used solely to 

determine promotion potential in the Armed 

Forces. Information may be withheld, but 

only to the extent that disclosure would 

reveal the identity of a confidential source (5 

U.S.C. 552a(k)(7)). 

(e) Procedures. When a system manager 

seeks an exemption for a system of records, 


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the following information will be furnished 

to the Chief Information Officer, 107 Army 

Pentagon, Room 3E608, Washington, DC 

20310–0107; applicable system notice, 

exemptions sought, and justification. After 

appropriate staffing and approval by the 

Secretary of the Army, a proposed rule will 

be published in the Federal Register, 

followed by a final rule 60 days later. No 

exemption may be invoked until these steps 

have been completed. 

(f) The Army system of records notices for 

a particular type of record will state whether 

the Secretary of the Army has authorized a 

particular general and specific exemption to 

a certain type of record. The Army system of 

records notices are published on the Defense 

Privacy and Civil Liberties Division’s Web 

site: http://dpcld.defense.gov/Privacy/

DODComponentArticleList/tabid/6799/

Category/278/department-of-the-army.aspx 

(g) Exempt Army records. The following 

records may be exempt from certain parts of 

the Privacy Act: 

(1) System identifier: A0020–1 SAIG. 

(i) System name: Inspector General 

Records. 

(ii) Exemptions: (A) 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. 552a(k)(2). However, if 

an individual is denied any right, privilege, 

or benefit for which he would otherwise be 

entitled by Federal law or for which he 

would otherwise be eligible, as a result of the 

maintenance of such information, the 

individual will be provided access to such 

information except to the extent that 

disclosure would reveal the identity of a 

confidential source. 

(B) 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. 

(C) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(2) and (k)(5) from subsections 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 

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

and(k)(5). 

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d) because access to 

such records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violations of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information is retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(2) System identifier: A0 025–400–2 0AA. 

(i) System name: Army Records 

Information Management System (ARIMS) 

(ii) Exemption: During the course of 

records management, declassification and 

claims research, exempt materials from other 

systems of records may in turn become part 

of the case record in this system. To the 

extent that copies of exempt records from 

those ‘‘other’’ systems of records are entered 

into this system, the Department of the Army 

hereby claims the same exemptions for the 

records from those ‘‘other’’ systems. 

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

(k)(1) through (k)(7). 

(iv) Reasons: Records are only exempt from 

pertinent provisions of 5 U.S.C. 552a 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 still pertain 

to the record which is now contained in this 

system of records. In general, the exemptions 

were claimed in order to protect properly 

classified information relating to national 

defense and foreign policy, to avoid 

interference during the conduct of criminal, 

civil, or administrative actions or 

investigations, to ensure protective services 

provided to the President and others are not 

compromised, to protect records used solely 

as statistical records, to protect the identity 

of confidential sources incident to Federal 

employment, military service, contract, and 

security clearance determinations, to 

preserve the confidentiality and integrity of 

Federal testing materials, and to safeguard 

evaluation materials used for military 

promotions when furnished by a confidential 

source. The exemption rule for the original 

records will identify the specific reasons why 

the records may be exempt from specific 

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

(3) System identifier: A0025–55 OAA. 

(i) System name: Freedom of Information 

Act Program Files. 

(ii) Exemption: During the processing of 

Freedom of Information Act (FOIA) requests, 

exempt materials from other systems of 

records may in turn become part of the case 

record in this system. To the extent that 

copies of exempt records from those ‘‘other’’ 

systems of records are entered into this 

system, the Department of the Army claims 

the same exemptions for the records from 

those ‘‘other’’ systems. 

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

(k)(1) through (k)(7). 

(iv) Reasons: Records are only exempt from 

pertinent provisions of 5 U.S.C. 552a 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 still pertain 

to the record which is now contained in this 

system of records. In general, the exemptions 

were claimed in order to protect properly 

classified information relating to national 

defense and foreign policy, to avoid 

interference during the conduct of criminal, 

civil, or administrative actions or 

investigations, to ensure protective services 

provided to the President and others are not 

compromised, to protect records used solely 

as statistical records, to protect the identity 

of confidential sources incident to Federal 

employment, military service, contract, and 

security clearance determinations, to 

preserve the confidentiality and integrity of 

Federal testing materials, and to safeguard 

evaluation materials used for military 

promotions when furnished by a confidential 

source. The exemption rule for the original 

records will identify the specific reasons why 

the records may be exempt from specific 

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

(4) System identifier: A0027–1 DAJA. 

(i) System name: General Legal Files. 

(ii) Exemption: (A) Information specifically 

authorized to be classified under E.O. 12958, 

as implemented by DoD 5200.1–R, may be 

exempt pursuant to 5 U.S.C. 552a(k)(1). 

(B) 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. 552a(k)(2). However, if an individual 

is denied any right, privilege, or benefit for 

which he would otherwise be entitled by 

Federal law or for which he would otherwise 

be eligible, as a result of the maintenance of 

such information, the individual will be 

provided access to such information except 

to the extent that disclosure would reveal the 

identity of a confidential source. 

(C) 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. 

(D) Testing or examination material used 

solely to determine individual qualifications 

for appointment or promotion in the Federal 

service may be exempt pursuant to 5 U.S.C. 

552a(k)(6), if the disclosure would 

compromise the objectivity or fairness of the 

test or examination process. 

(E) Evaluation material used to determine 

potential for promotion in the Military 

Services may be exempt pursuant to 5 U.S.C. 

552a(k)(7), but only to the extent that the 

disclosure of such material would reveal the 

identity of a confidential source. 

(F) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 


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10338 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

552a(k)(1) through(k)(7) from subsections 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 

(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), 

(k)(5), (k)(6), and (k)(7). 

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d) because access to 

such records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violations of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information is retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(5) System identifier: A0027–10a DAJA. 

(i) System name: Military Justice Files. 

(ii) Exemptions: Parts of this system may 

be exempt pursuant to 5 U.S.C. 552a(j)(2) if 

the information is compiled and maintained 

by a component of the agency which 

performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws. Therefore, portions of this 

system of records may be exempt pursuant to 

5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), 

and (g). 

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

(iv) Reason: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this information be retained since it can 

aid in establishing patterns of activity and 

provide valuable leads for other agencies and 

future cases that may be brought. 

(E) From subsection (e)(2) because in a 

criminal investigation the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment in reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(6) System identifier: A0027–10b DAJA. 

(i) System name: Courts-Martial Records 

and Reviews. 

(ii) Exemptions: Parts of this system may 

be exempt pursuant to 5 U.S.C. 552a(j)(2) if 

the information is compiled and maintained 

by a component of the agency which 

performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws. Therefore, portions of this 

system of records may be exempt pursuant to 

5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), 

and (g). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this information be retained since it can 

aid in establishing patterns of activity and 

provide valuable leads for other agencies and 

future cases that may be brought. 

(E) From subsection (e)(2) because in a 

criminal investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 


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Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10339 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment in reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(7) System identifier: A0040–5b DASG. 

(i) System name: Army Public Health Data 

Repository (APHDR). 

(ii) Exemption: (A) 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. 552a(k)(2). However, if 

an individual is denied any right, privilege, 

or benefit for which he would otherwise be 

entitled by Federal law or for which he 

would otherwise be eligible, as a result of the 

maintenance of such information, the 

individual will be provided access to such 

information except to the extent that 

disclosure would reveal the identity of a 

confidential source. 

(B) Records maintained solely for statistical 

research or program evaluation purposes and 

which are not used to make decisions on the 

rights, benefits, or entitlement of an 

individual except for census records which 

may be disclosed under 13 U.S.C. 8, may be 

exempt pursuant to 5 U.S.C. 552a(k)(4). 

(C) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(2) and (k)(4) from subsections 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 

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

(k)(4) 

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violations of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information is retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(8) System identifier: A0190–5 OPMG. 

(i) System name: Vehicle Registration 

System. 

(ii) Exemption: Parts of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(j)(2) if the information is compiled and 

maintained by a component of the agency 

which performs as its primary function any 

activity pertaining to the enforcement of 

criminal laws. Therefore, portions of this 

system of records may be exempt pursuant to 

5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(8), (f), and (g). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(E) From subsection (e)(2) because in a 

criminal investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from access provisions 

of subsection (d), making these subsections 

not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(9) System identifier: A0190–9 OPMG. 

(i) System name: Absentee Case Files. 

(ii) Exemption: Parts of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(j)(2) if the information is compiled and 

maintained by a component of the agency 

which performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws. Therefore, portions of this 

system of records may be exempt pursuant to 


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10340 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(8), (f), and (g). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(E) From subsection (e)(2) because in a 

criminal investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from access provisions 

of subsection (d), making these subsections 

not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(10) System identifier: A0190–14 OPMG. 

(i) System name: Registration and Permit 

Files. 

(ii) Exemption: Investigatory material 

compiled for law enforcement purposes, 

other than material within the scope of 

subsection 5 U.S.C. 552a(j)(2), is exempt 

pursuant to 5 U.S.C. 552a(k)(2). However, if 

an individual is denied any right, privilege, 

or benefit for which he would otherwise be 

entitled by Federal law or for which he 

would otherwise be eligible, as a result of the 

maintenance of such information, the 

individual will be provided access to such 

information except to the extent that 

disclosure would reveal the identity of a 

confidential source. Therefore, portions of 

this system of records may be exempt 

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

subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violations of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information is retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(11) System identifier: A0190–45 OPMG. 

(i) System name: Military Police Reporting 

Program Records (MPRP). 

(ii) Exemptions: Parts of this system may 

be exempt pursuant to 5 U.S.C. 552a(j)(2) if 

the information is compiled and maintained 

by a component of the agency which 

performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws. Therefore, portions of the 

system may be exempt pursuant to 5 U.S.C. 

552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), 

and (g). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(E) From subsection (e)(2) because in a 

criminal investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 


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(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from access provisions 

of subsection (d), making these subsections 

not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(12) System identifier: A0190–45a OPMG. 

(i) System name: Local Criminal 

Intelligence Files. 

(ii) Exemptions: Parts of this system may 

be exempt pursuant to 5 U.S.C. 552a(j)(2) if 

the information is compiled and maintained 

by a component of the agency which 

performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws. Therefore, portions of the 

system of records may be exempt pursuant to 

5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(8), (f), and (g). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(E) From subsection (e)(2) because in a 

criminal investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from access provisions 

of subsection (d), making these subsections 

not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(13) System identifier: A0190–45b OPMG. 

(i) System Name: Serious Incident 

Reporting Files. 

(ii) Exemptions: Parts of this system may 

be exempt pursuant to 5 U.S.C. 552a(j)(2) if 

the information is compiled and maintained 

by a component of the agency which 

performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws. Therefore, portions of the 

system of records may be exempt pursuant to 

5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(8), (f), and (g). 

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

(iv) Reasons (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(E) From subsection (e)(2) because in a 

criminal investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from access provisions 

of subsection (d), making these subsections 

not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 


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(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(14) System identifier: A0190–47 DAPM– 

ACC. 

(i) System Name: Army Corrections System 

and Parole Board Records. 

(ii) Exemptions: Parts of this system may 

be exempt pursuant to 5 U.S.C. 552a(j)(2) if 

the information is compiled and maintained 

by a component of the agency which 

performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws. Therefore, portions of the 

system of records may be exempt pursuant to 

5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), 

and (g). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(E) From subsection (e)(2) because in a 

criminal or other law enforcement 

investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

alert the subject as to the nature or existence 

of the investigation and thereby present a 

serious impediment to effective law 

enforcement. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because an exemption is being claimed for 

subsection (d), making these subsections not 

applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(15) System identifier: A0195–2a 

USACIDC. 

(i) System name: Source Register. 

(ii) Exemption: (A): Parts of this system 

may be exempt pursuant to 5 U.S.C. 

552a(j)(2) if the information is compiled and 

maintained by a component of the agency 

which performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws. Therefore, portions of this 

system of records may be exempt pursuant to 

5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), 

and (g). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(E) From subsection (e)(2) because in a 

criminal investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from access provisions 

of subsection (d), making these subsections 

not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 


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Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10343 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(16) System identifier: A0195–2b 

USACIDC. 

(i) System name: Criminal Investigation 

and Crime Laboratory Files. 

(ii) Exemption: Parts of this system may be 

exempt pursuant to 5 U.S.C. 552a(j)(2) if the 

information is compiled and maintained by 

a component of the agency which performs 

as its principal function any activity 

pertaining to the enforcement of criminal 

laws. Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), 

and (g). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsections (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this information be retained since it can 

aid in establishing patters of activity and 

provide valuable leads for other agencies and 

future cases that may be brought. 

(E) From subsection (e)(2) because in a 

criminal or other law enforcement 

investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

alert the subject as to the nature or existence 

of the investigation and thereby present a 

serious impediment to effective law 

enforcement. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from access provisions 

of subsection (d), making these subsections 

not applicable. 

(H) From subsections (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because the 

requirement that records be 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. 

(J) From subsection (e)(8) because the 

notice requirements of this provision could 

present a serious impediment to criminal law 

enforcement by revealing investigative 

techniques, procedures, and the existence of 

confidential investigations. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(17) System identifier: A0195–2c USACIDC 

DoD. 

(i) System name: DoD Criminal 

Investigation Task Force (CITF) Files. 

(ii) Exemption: Parts of this system may be 

exempt pursuant to 5 U.S.C. 552a(j)(2) if the 

information is compiled and maintained by 

a component of the agency, which performs 

as its principal function any activity 

pertaining to the enforcement of criminal 

laws. Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), 

and (g). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this information be retained since it can 

aid in establishing patters of activity and 

provide valuable leads for other agencies and 

future cases that may be brought. 

(E) From subsection (e)(2) because in a 

criminal or other law enforcement 

investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

alert the subject as to the nature or existence 

of the investigation and thereby present a 

serious impediment to effective law 

enforcement. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from access provisions 

of subsection (d), making these subsections 

not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because the 

requirement that records be 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. 

(J) From subsection (e)(8) because the 

notice requirements of this provision could 

present a serious impediment to criminal law 

enforcement by revealing investigative 

techniques, procedures, and the existence of 

confidential investigations. 


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10344 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(18) System identifier: A0195–2d 

USACIDC DoD. 

(i) System name: Defense Criminal 

Investigation DNA Database and Sample 

Repository; CODIS Records. 

(ii) Exemption: Parts of this system may be 

exempt pursuant to 5 U.S.C 552a(j)(2) if the 

information is compiled and maintained by 

a component of the agency that performs as 

its principal function any activity pertaining 

to the enforcement of criminal laws. 

Therefore, portions of this system of records 

may be exempt pursuant to 5 U.S.C. 

552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), 

and (g). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(E) From subsection (e)(2) because in a 

criminal investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(19) System identifier: A0195–6 USACIDC. 

(i) System name: Criminal Investigation 

Accreditation and Polygraph Examiner 

Evaluation Files. 

(ii) Exemption: (A) 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. 552a(k)(2). However, if 

an individual is denied any right, privilege, 

or benefit for which he would otherwise be 

entitled by Federal law or for which he 

would otherwise be eligible, as a result of the 

maintenance of such information, the 

individual will be provided access to such 

information except to the extent that 

disclosure would reveal the identity of a 

confidential source. 

(B) 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. 

(C) Evaluation material used to determine 

potential for promotion in the Military 

Services may be exempt pursuant to 5 U.S.C. 

552a(k)(7), but only to the extent that the 

disclosure of such material would reveal the 

identity of a confidential source. 

(D) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(2), (k)(5), or (k)(7) from subsections 5 

U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), and (f). 

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

and (k)(7). 

(iv) Reasons: (A) From subsections (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(20) System identifier: A02107 DAMO. 

(i) System name: Expelled or Barred Person 

Files. 

(ii) Exemption: Parts of this system may be 

exempt pursuant to 5 U.S.C. 552a(j)(2) if the 

information is compiled and maintained by 

a component of the agency, which performs 

as its principal function any activity 

pertaining to the enforcement of criminal 

laws. Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(j)(2) from subsections 5 U.S.C. 

552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(8), (f) and (g). 

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

(iv) Reasons: (A) From subsection From 

subsection (c)(3) because the release of the 

disclosure accounting would permit the 

subject of a criminal investigation or matter 

under investigation to obtain valuable 

information concerning the nature of that 

investigation which will present a serious 

impediment to law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 


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Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10345 

(C) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(E) From subsection (e)(2) because in a 

criminal investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(I) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(J) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(K) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(21) System identifier: A0340–21 OAA. 

(i) System name: Privacy Case Files. 

(ii) Exemption: During the processing of a 

Privacy Act request (which may include 

access requests, amendment requests, and 

requests for review for initial denials of such 

requests), exempt materials from other 

systems of records may in turn become part 

of the case record in this system. To the 

extent that copies of exempt records from 

those ‘other’ systems of records are entered 

into this system, the Department of the Army 

hereby claims the same exemptions. 

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

(k)(1) through (k)(7). 

(iv) Records are only exempt from 

pertinent provisions of 5 U.S.C. 552a 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 still pertain 

to the record which is now contained in this 

system of records. In general, the exemptions 

were claimed in order to protect properly 

classified information relating to national 

defense and foreign policy, to avoid 

interference during the conduct of criminal, 

civil, or administrative actions or 

investigations, to ensure protective services 

provided to the President and others are not 

compromised, to protect records used solely 

as statistical records, to protect the identity 

of confidential sources incident to Federal 

employment, military service, contract, and 

security clearance determinations, and to 

preserve the confidentiality and integrity of 

Federal evaluation materials. The exemption 

rule for the original records will identify the 

specific reasons why the records may be 

exempt from specific provisions of 5 U.S.C. 

552a. 

(22) System identifier: A0351–12 DAPE. 

(i) System name: Applicants/Students, U.S. 

Military Academy Prep School. 

(ii) Exemption: (A) 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. 

(B) Evaluation material used to determine 

potential for promotion in the Military 

Services may be exempt pursuant to 5 U.S.C. 

552a(k)(7), but only to the extent that the 

disclosure of such material would reveal the 

identity of a confidential source. 

(C) It is imperative that the confidential 

nature of evaluation material on individuals, 

furnished to the U.S. Military Academy 

Preparatory School under an express promise 

of confidentiality, be maintained to ensure 

the candid presentation of information 

necessary in determinations involving 

admission to or retention at the United States 

Military Academy and suitability for 

commissioned military service. 

(D) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(5) and (k)(7) subsections 5 U.S.C. 

552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I), and (f). 

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

(k)(7). 

(iv) Reasons: (A) From subsections (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(23) System identifier: A0351–17a USMA. 

(i) System name: U.S. Military Academy 

Candidate Files. 

(ii) Exemption: (A) 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. 

(B) Testing or examination material used 

solely to determine individual qualifications 

for appointment or promotion in the Federal 

service may be exempt pursuant to 5 U.S.C. 

552a(k)(6), if the disclosure would 

compromise the objectivity or fairness of the 

test or examination process. 

(C) Evaluation material used to determine 

potential for promotion in the Military 

Services may be exempt pursuant to 5 U.S.C. 

552a(k)(7), but only to the extent that the 

disclosure of such material would reveal the 

identity of a confidential source. 

(D) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(5), (k)(6) or (k)(7) from subsections 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 

(iii) Authority: 5 U.S.C. 552a(k)(5), (k)(6) 

and (k)(7). 

(iv) Reasons: (A) From subsections (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 


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10346 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(24) System identifier: A0351–17b USMA. 

(i) System name: U.S. Military Academy 

Management System Records. 

(ii) Exemption: (A) 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. 

(B) Evaluation material used to determine 

potential for promotion in the Military 

Services may be exempt pursuant to 5 U.S.C. 

552a(k)(7), but only to the extent that the 

disclosure of such material would reveal the 

identity of a confidential source. 

(C) It is imperative that the confidential 

nature of evaluation and investigatory 

material on candidates, cadets, and 

graduates, furnished to the United States 

Military Academy under a promise of 

confidentiality be maintained to ensure the 

candid presentation of information necessary 

in determinations involving admissions to 

the Military Academy and suitability for 

commissioned service and future promotion. 

(D) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(5) or (k)(7) from subsections 5 U.S.C. 

552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I), and (f). 

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

(k)(7). 

(iv) Reasons: (A) From subsections (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(25) System identifier: A0380–67 DAMI. 

(i) System name: Personnel Security 

Clearance Information Files. 

(ii) Exemption: (A) Information specifically 

authorized to be classified under E.O. 12958, 

as implemented by DoD 5200.1–R, may be 

exempt pursuant to 5 U.S.C. 552a(k)(1). 

(B) 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. 552a(k)(2). However, if an individual 

is denied any right, privilege, or benefit for 

which he would otherwise be entitled by 

Federal law or for which he would otherwise 

be eligible, as a result of the maintenance of 

such information, the individual will be 

provided access to such information except 

to the extent that disclosure would reveal the 

identity of a confidential source. 

(C) 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. 

(D) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(1), (k)(2), or (k)(5) from subsections 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I) and (f). 

(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), 

or (k)(5). 

(iv) Reasons: From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(26) System identifier: A0381–20b DAMI. 

(i) System name: Foreign Intelligence/

Counterintelligence/Information Operations/

Security Files 

(ii) Exemption: (A) Information specifically 

authorized to be classified under E.O. 12958, 

as implemented by DoD 5200.1–R, may be 

exempt pursuant to 5 U.S.C. 552a(k)(1). 

(B) 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. 552a(k)(2). However, if an individual 

is denied any right, privilege, or benefit for 

which he would otherwise be entitled by 

Federal law or for which he would otherwise 

be eligible, as a result of the maintenance of 

such information, the individual will be 

provided access to such information except 

to the extent that disclosure would reveal the 

identity of a confidential source. 

(C) 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. 

(D) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(1), (k)(2) and (k)(5) from subsections 

5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 

(E) To the extent that copies of exempt 

records from external systems of records are 

entered into A0381–10b DAMI, the Army 


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Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10347 

hereby claims the same exemptions for those 

records as claimed for the original primary 

system of which they are a part. 

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

(k)(1) through (k)(7). 

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(G) For records that are copies of exempt 

records from external systems of records, 

such records are only exempt from pertinent 

provisions of 5 U.S.C. 552a 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 still pertain to the 

record which is now contained in this system 

of records. In general, the exemptions were 

claimed in order to protect properly 

classified information relating to national 

defense and foreign policy, to avoid 

interference during the conduct of criminal, 

civil, or administrative actions or 

investigations, to ensure protective services 

provided to the President and others are not 

compromised, to protect records used solely 

as statistical records, to protect the identity 

of confidential sources incident to Federal 

employment, military service, contract, and 

security clearance determinations, to 

preserve the confidentiality and integrity of 

Federal testing materials, and to safeguard 

evaluation materials used for military 

promotions when furnished by a confidential 

source. The exemption rule for the original 

records will identify the specific reasons why 

the records are exempt from specific 

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

(27) System identifier: A0381–100a DAMI. 

(i) System name: Intelligence/

Counterintelligence Source Files. 

(ii) Exemption: (A) Information specifically 

authorized to be classified under E.O. 12958, 

as implemented by DoD 5200.1–R, may be 

exempt pursuant to 5 U.S.C. 552a(k)(1). 

(B) 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. 552a(k)(2). However, if an individual 

is denied any right, privilege, or benefit for 

which he would otherwise be entitled by 

Federal law or for which he would otherwise 

be eligible, as a result of the maintenance of 

such information, the individual will be 

provided access to such information except 

to the extent that disclosure would reveal the 

identity of a confidential source. 

(C) 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. 

(D) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(1), (k)(2), or (k)(5) from subsections 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 

(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), 

and (k)(5). 

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(28) System identifier: A0381–100b DAMI. 

(i) System name: Technical Surveillance 

Index. 

(ii) Exemption: (A) Information specifically 

authorized to be classified under E.O. 12958, 

as implemented by DoD 5200.1–R, may be 

exempt pursuant to 5 U.S.C. 552a(k)(1). 

(B) 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. 552a(k)(2). However, if an individual 

is denied any right, privilege, or benefit for 

which he would otherwise be entitled by 

Federal law or for which he would otherwise 

be eligible, as a result of the maintenance of 

such information, the individual will be 

provided access to such information except 

to the extent that disclosure would reveal the 

identity of a confidential source. 

(C) 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. 

(D) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(1), (k)(2), or (k)(5) from subsections 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 

(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2) or 

(k)(5). 

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 


rmajette on DSK2VPTVN1PROD with RULES
10348 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(29) System identifier: A0600–20 DCS 

G–1. 

(i) System name: Sexual Assault (SADMS) 

and Sexual Harassment (SHARP) Program 

Records. 

(ii) Exemptions: This system of records is 

a compilation of information from other 

Department of Defense/Army systems of 

records. To the extent that copies of exempt 

records from those other systems of records 

are entered into this system of records, the 

Army G–1 hereby claims the same 

exemptions for the records from those other 

systems. 

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

(k)(1) through (k)(7). 

(iv) Reasons: Records are only exempt from 

pertinent provisions of 5 U.S.C. 552a 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 still pertain 

to the record which is now contained in this 

system of records. In general, the exemptions 

were claimed in order to protect properly 

classified information relating to national 

defense and foreign policy, to avoid 

interference during the conduct of criminal, 

civil, or administrative actions or 

investigations, to ensure protective services 

provided to the President and others are not 

compromised, to protect records used solely 

as statistical records, to protect the identity 

of confidential sources incident to Federal 

employment, military service, contract, and 

security clearance determinations, to 

preserve the confidentiality and integrity of 

Federal testing materials, and to safeguard 

evaluation materials used for military 

promotions when furnished by a confidential 

source. The exemption rule for the original 

records will identify the specific reasons why 

the records may be exempt from specific 

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

(30) System identifier: A0601–141 DASG. 

(i) System name: Applications for 

Appointment to Army Medical Department. 

(ii) Exemption: 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. Therefore, portions of 

the system of records may be exempt 

pursuant to 5 U.S.C. 552(a)(k)(5) from 

subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(31) System identifier: A0601–210a 

USAREC. 

(i) System name: Enlisted Eligibility Files. 

(ii) Exemption: 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. Therefore, portions of 

this system of records may be exempt 

pursuant to 5 U.S.C. 552a(k)(5) from 

subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). 

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

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(32) System identifier: A0601–222 

USMEPCOM. 

(i) System name: Armed Services Military 

Accession Testing. 

(ii) Exemption: Testing or examination 

material used solely to determine individual 

qualifications for appointment or promotion 

in the Federal service or military service may 

be exempt pursuant to 5 U.S.C. 552a(k)(6), if 

the disclosure would compromise the 

objectivity or fairness of the test or 

examination process. Therefore, portions of 

the system of records may be exempt 

pursuant to 5 U.S.C. 552a(k)(6), from 

subsection 5 U.S.C. 552a(d). 

(iii) Authority: 5 U.S.C. 552a(k)(6). 

(iv) Reasons: An exemption is required for 

those portions of the Skill Qualification Test 

system pertaining to individual item 

responses and scoring keys to preclude 

compromise of the test and to ensure fairness 

and objectivity of the evaluation system. 

(33) System identifier: A0608–18 DASG. 

(i) System name: Army Family Advocacy 

Program Files. 

(ii) Exemptions: (A) 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. 552a(k)(2). However, if 

an individual is denied any right, privilege, 

or benefit for which he would otherwise be 

entitled by Federal law or for which he 

would otherwise be eligible, as a result of the 

maintenance of such information, the 

individual will be provided access to such 

information except to the extent that 

disclosure would reveal the identity of a 

confidential source. 

(B) Investigative 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. 

(C) Therefore, portions of the system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(2) or (k)(5) from subsections 5 U.S.C. 

552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I) and (f). 

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

(k)(5). 


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(iv) Reason: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d) because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because the requirements in those 

subsections are inapplicable to the extent 

that portions of this system of records may 

be exempt from subsection (d), concerning 

individual access. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(34) System identifier: A0614–115 DAMI. 

(i) System name: Department of the Army 

Operational Support Activities. 

(ii) Exemption: (A) Information specifically 

authorized to be classified under E.O. 12958, 

as implemented by DoD 5200.1–R, may be 

exempt pursuant to 5 U.S.C. 552a(k)(1). 

(B) 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. 552a(k)(2). However, if an individual 

is denied any right, privilege, or benefit for 

which he would otherwise be entitled by 

Federal law or for which he would otherwise 

be eligible, as a result of the maintenance of 

such information, the individual will be 

provided access to such information except 

to the extent that disclosure would reveal the 

identity of a confidential source. 

(C) 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. 

(D) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(1), (k)(2), or (k)(5) from subsections 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I) and (f). 

(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), 

and (k)(5). 

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (d), because access to 

the records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(C) From subsection (e)(1) because in the 

course of criminal investigations, information 

is often obtained concerning the violation of 

laws or civil obligations of others not relating 

to an active case or matter. In the interests 

of effective law enforcement, it is necessary 

that this valuable information be retained 

since it can aid in establishing patterns of 

activity and provide valuable leads for other 

agencies and future cases that may be 

brought. 

(D) From subsections (e)(4)(G) and (e)(4)(H) 

because portions of this system of records 

have been exempted from the access 

provisions of subsection (d), making these 

subsections not applicable. 

(E) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 

(F) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(35) System identifier: A0025–2 PMG 

(DFBA) DoD 

(i) System name: Defense Biometrics 

Identification Records System 

(ii) Exemptions: (A) Investigatory material 

compiled for law enforcement purposes may 

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

However, if an individual is denied any right, 

privilege, or benefit for which he would 

otherwise be entitled by Federal law or for 

which he would otherwise be eligible, as a 

result of the maintenance of such 

information, the individual will be provided 

access to such information except to the 

extent that disclosure would reveal the 

identity of a confidential source. 

(B) Exempt materials from other sources 

listed above may become part of the case 

records in this system of records. To the 

extent that copies of exempt records from 

other sources listed above are entered into 

these case records, the Department of the 

Army hereby claims the same exemptions, 

(j)(2) and (k)(2), for the records as claimed by 

the source systems, specifically to the extent 

that copies of exempt records may become 

part of these records from JUSTICE/FBI–019 

Terrorist Screening Records System, the 

Department of the Army hereby claims the 

same exemptions for the records as claimed 

at their source (JUSTICE/FBI–019, Terrorist 

Screening Records System). 

(C) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(j)(2) and (k)(2) from subsections 5 

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

(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), 

(e)(8), (f), and (g). 

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

and(k)(2). 

(iv) Reasons: (A) From subsection (c)(3) 

because the release of the disclosure 

accounting would permit the subject of a 

criminal investigation or matter under 

investigation to obtain valuable information 

concerning the nature of that investigation 

which will present a serious impediment to 

law enforcement. 

(B) From subsection (c)(4) because an 

exemption is being claimed for subsection 

(d), making this subsection not applicable. 

(C) From subsection (d) because access to 

such records contained in this system would 

inform the subject of a criminal investigation 

of the existence of that investigation, provide 

the subject of the investigation with 

information that might enable him to avoid 

detection or apprehension, and would 

present a serious impediment to law 

enforcement. 

(D) From subsection (e)(1) because the 

nature of the criminal and/or civil 

investigative function creates unique 

problems in prescribing a specific parameter 

in a particular case with respect to what 

information is relevant or necessary. Also, 

information may be received which may 

relate to a case under the investigative 

jurisdiction of another agency. The 

maintenance of this information may be 

necessary to provide leads for appropriate 

law enforcement purposes and to establish 

patterns of activity that may relate to the 

jurisdiction of other cooperating agencies. 

(E) From subsection (e)(2) because in a 

criminal investigation, the requirement that 

information be collected to the greatest extent 

possible from the subject individual would 

present a serious impediment to law 

enforcement in that the subject of the 

investigation would be placed on notice of 

the existence of the investigation and would 

therefore be able to avoid detection. 

(F) From subsection (e)(3) because the 

requirement that individuals supplying 

information be provided with a form stating 

the requirements of subsection (e)(3) would 

constitute a serious impediment to law 

enforcement in that it could compromise the 

existence of a confidential investigation, 

reveal the identity of confidential sources of 

information and endanger the life and 

physical safety of confidential informants. 

(G) From subsections (e)(4)(G) and (e)(4)(H) 

because the requirements in those 

subsections are inapplicable to the extent 

that portions of this system of records may 

be exempt from subsection (d), concerning 

individual access. 

(H) From subsection (e)(4)(I) because the 

identity of specific sources must be withheld 

in order to protect the confidentiality of the 

sources of criminal and other law 

enforcement information. This exemption is 

further necessary to protect the privacy and 

physical safety of witnesses and informants. 


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(I) From subsection (e)(5) because in the 

collection of information for law enforcement 

purposes, it is impossible to determine in 

advance what information is accurate, 

relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation brings 

new details to light and the accuracy of such 

information can only be determined in a 

court of law. The restrictions of subsection 

(e)(5) would restrict the ability of trained 

investigators and intelligence analysts to 

exercise their judgment in reporting on 

investigations and impede the development 

of intelligence necessary for effective law 

enforcement. 

(J) From subsection (e)(8) because the 

individual notice requirements of subsection 

(e)(8) could present a serious impediment to 

law enforcement as this could interfere with 

the ability to issue search authorizations and 

could reveal investigative techniques and 

procedures. 

(K) From subsection (f) because portions of 

this system of records have been exempted 

from the access provisions of subsection (d). 

(L) From subsection (g) because portions of 

this system of records are compiled for law 

enforcement purposes and have been 

exempted from the access provisions of 

subsections (d) and (f). 

(h) Exempt OPM records. Three Office of 

Personnel Management systems of records 

apply to Army employees, except for nonappropriated fund employees. These systems, 

the specific exemptions determined to be 

necessary and proper, the records exempted, 

provisions of the Privacy Act from which 

exempt, and justification are set forth below: 

(1) Personnel Investigations Records (OPM/ 

CENTRAL–9). 

(i) Exemptions: (A) Information specifically 

authorized to be classified under E.O. 12958, 

as implemented by DoD 5200.1–R, may be 

exempt pursuant to 5 U.S.C. 552a(k)(1). 

(B) 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. 552a(k)(2). However, if an individual 

is denied any right, privilege, or benefit for 

which he would otherwise be entitled by 

Federal law or for which he would otherwise 

be eligible, as a result of the maintenance of 

such information, the individual will be 

provided access to such information except 

to the extent that disclosure would reveal the 

identity of a confidential source. 

(C) Records maintained in connection with 

providing protective services to the President 

of the United States or other individuals 

pursuant to Title 18 U.S.C., section 3056 may 

be exempt pursuant to 5 U.S.C. 552a(k)(3). 

(D) 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. 

(E) Testing or examination material used 

solely to determine individual qualifications 

for appointment or promotion in the Federal 

service may be exempt pursuant to 5 U.S.C. 

552a(k)(6), if the disclosure would 

compromise the objectivity or fairness of the 

test or examination process. 

(F) Evaluation material used to determine 

potential for promotion in the Military 

Services may be exempt pursuant to 5 U.S.C. 

552a(k)(7), but only to the extent that the 

disclosure of such material would reveal the 

identity of a confidential source. 

(G) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(1), (k)(2), (k)(3), (k)(5), (k)(6), or (k)(7) 

from subsections 5 U.S.C. 552a(c)(3) and (d). 

(ii) Reasons: (A) Personnel investigations 

may obtain from another Federal agency, 

properly classified information which 

pertains to national defense and foreign 

policy. Application of exemption (k)(1) may 

be necessary to preclude the data subject’s 

access to an amendment of such classified 

information under 5 U.S.C. 552a(d) in order 

to protect such information. 

(B) Personnel investigations may contain 

investigatory material compiled for law 

enforcement purposes other than material 

within the scope of 5 U.S.C. 552a(j)(2), e.g., 

investigations into the administration of the 

merit system. Application of exemption (k)(2) 

may be necessary to preclude the data 

subject’s access to or amendment of such 

records, under 552a(c)(3) and (d) because 

otherwise, it would inform the subject of a 

criminal investigation of the existence of that 

investigation, provide the subject of the 

investigation with information that might 

enable him to avoid detection or 

apprehension, and would present a serious 

impediment to law enforcement. 

(C) Personnel investigations may obtain 

from another Federal agency, information 

that relates to providing protective services to 

the President of the United States or other 

individuals pursuant to section 3056 of title 

18. Application of exemption (k)(3) may be 

necessary to preclude the data subject’s 

access to or amendment of such records 

under 5 U.S.C. 552a(d) to ensure protective 

services provided to the President and others 

are not compromised. 

(D) All information about individuals in 

these records that meets the criteria stated in 

5 U.S.C. 552a(k)(5) is exempt from the 

requirements of 5 U.S.C. 552a(c)(3) and (d) in 

order to protect the identity of confidential 

sources incident to determinations of 

suitability, eligibility, or qualifications for 

Federal employment, military service, 

contract, and security clearance 

determinations. 

(E) All material and information in the 

records that meets the criteria stated in 5 

U.S.C. 552a(k)(6) is exempt from the 

requirements of 5 U.S.C. 552a(d), relating to 

access to and amendment of records by the 

data subject in order to preserve the 

confidentiality and integrity of Federal 

testing materials. 

(F) All material and information in the 

records that meets the criteria stated in 5 

U.S.C. 552a(k)(7) is exempt from the 

requirements of 5 U.S.C. 552a(d), relating to 

access to and amendment of records by the 

data subject in order to safeguard evaluation 

materials used for military promotions when 

furnished by a confidential source. 

(2) Recruiting, Examining, and Placement 

Records (OPM/GOVT–5). 

(i) Exemptions: (A) 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. 

(B) Testing or examination material used 

solely to determine individual qualifications 

for appointment or promotion in the Federal 

service may be exempt pursuant to 5 U.S.C. 

552a(k)(6), if the disclosure would 

compromise the objectivity or fairness of the 

test or examination process. 

(C) Therefore, portions of this system of 

records may be exempt pursuant to 5 U.S.C. 

552a(k)(5), or (k)(6) from subsections 5 U.S.C. 

552a(c)(3) and (d). 

(ii) Reasons: (A) All information about 

individuals in these records that meets the 

criteria stated in 5 U.S.C. 552a(k)(5) is 

exempt from the requirements of 5 U.S.C. 

552a(c)(3) and (d) in order to protect the 

identity of confidential sources incident to 

determinations of suitability, eligibility, or 

qualifications for Federal employment, 

military service, contract, and security 

clearance determinations. These exemptions 

are also claimed because this system contains 

investigative material compiled solely for the 

purpose of determining the appropriateness 

of a request for approval of an objection to 

an eligible individual’s qualification for 

employment in the Federal service. 

(B) All material and information in these 

records that meets the criteria stated in 5 

U.S.C. 552a(k)(6) are exempt from the 

requirements of 5 U.S.C. 552a(d), relating to 

access and amendment of records by the 

subject, in order to preserve the 

confidentiality and integrity of Federal 

testing materials. 

(3) Personnel Research Test Validation 

Records (OPM/GOVT–6). 

(i) Exemptions: Testing or examination 

material used solely to determine individual 

qualifications for appointment or promotion 

in the Federal service may be exempt 

pursuant to 5 U.S.C. 552a(k)(6), if the 

disclosure would compromise the objectivity 

or fairness of the test or examination process. 

Therefore, portions of this system of records 

may be exempt pursuant to 5 U.S.C. 

552a(k)(6) from subsections 5 U.S.C. 552a(d). 

(ii) Reasons: All material and information 

in these records that meets the criteria stated 

in 5 U.S.C. 552a(k)(6) is exempt from the 

requirements of 5 U.S.C. 552a(d), relating to 

access to an amendment of the records by the 

data subject, in order to preserve the 

confidentiality and integrity of Federal 

testing materials. 

(i) Twelve Exceptions to the ‘‘No 

Disclosure without Consent’’ rule of the 

Privacy Act. 

(1) 5 U.S.C. 552a(b)(1)—To DoD officers 

and employees who have a need for the 

record in the performance of their official 

duties. This is the ‘‘official need to know’’ 

concept. 


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(2) 5 U.S.C. 552a(b)(2)—FOIA requires 

release of the information pursuant to 5. 

U.S.C. 552. 

(3) 5 U.S.C. 552a(b)(3)—For an authorized 

Routine Use, i.e. the ‘‘Routine Use 

Exception.’’ The Routine Use must be listed 

in the applicable system of records notice 

published in the Federal Register and the 

purpose of the disclosure must be compatible 

with the purpose for the published Routine 

Use. 

(4) 5 U.S.C. 552a(b)(4)—To the Bureau of 

the Census to plan or carry out a census or 

survey, or related activity pursuant to Title 

13 of the U.S. Code. 

(5) 5 U.S.C. 552a(b)(5)—To a recipient who 

has provided the Department of the Army or 

DoD with advance adequate written 

assurance that the record will be used solely 

as a statistical research or reporting record, 

and the record is to be transferred in a form 

that is not individually identifiable. 

(6) 5 U.S.C. 552a(b)(6)—To the National 

Archives and Records Administration as a 

record that has sufficient historical or other 

value to warrant its continued preservation 

by the U.S. Government, or for evaluation by 

the Archivist of the United States or the 

designee of the Archivist to determine 

whether the record has such value. Note: 

Records transferred to the Federal Records 

Centers for storage remain under the control 

of the Department of the Army and no 

accounting for disclosure is required under 

the Privacy Act. 

(7) 5 U.S.C. 552a(b)(7)—To another agency 

or instrumentality of any governmental 

jurisdiction within or under the control of 

the United States for a civil or criminal law 

enforcement activity, if the activity is 

authorized by law, and if the head of the 

agency or instrumentality has made a written 

request to the Department of the Army or 

DoD specifying the particular portion desired 

and the law enforcement activity for which 

the record is sought. 

(8) 5 U.S.C. 552a(b)(8)—To a person 

pursuant to a showing of compelling 

circumstances affecting the health or safety of 

an individual if upon such disclosure, 

notification is transmitted to the last known 

address of such individual. 

(9) 5 U.S.C. 552a(b)(9)—To either House of 

Congress, or, to the extent the matter is 

within its jurisdiction, any committee or 

subcommittee thereof, or any joint committee 

of Congress or subcommittee of any such 

joint committee. Requests from a 

Congressional member acting on behalf of a 

constituent are not included in this 

exception, but may be covered by a routine 

use exception to the Privacy Act (See 

applicable Army system of records notice). 

(10) 5 U.S.C. 552a(b)(10)—To the 

Comptroller General or authorized 

representatives, in the course of the 

performance of the duties of the Government 

Accountability Office. 

(11) 5 U.S.C. 552a(b)(11)—Pursuant to the 

order of a court of competent jurisdiction. 

The order must be signed by a judge. 

(12) 5 U.S.C. 552a(b)(12)—To a consumer 

reporting agency in accordance with section 

3711(e) of Title 31 of the U.S. Code. The 

name, address, SSN, and other information 

identifying the individual; amount, status, 

and history of the claim; and the agency or 

program under which the case arose may be 

disclosed. However, before doing so, agencies 

must complete a series of steps designed to 

validate the debt and to offer the individual 

an opportunity to repay it. 

(j) DoD Blanket Routine Uses. In addition 

to specific routine uses which are listed in 

the applicable Army system of records 

notices, certain ‘‘Blanket Routine Uses’’ may 

apply to all DoD maintained systems of 

records. These are listed on the Defense 

Privacy and Civil Liberties Division’s Web 

site http://dpcld.defense.gov/. These 

‘‘Blanket Routine Uses’’ are not specifically 

listed in each system of records notice as the 

specific routine uses are. The current DoD 

‘‘Blanket Routine Uses’’ are as follows— 

(1) Law Enforcement Routine Use. If a 

system of records maintained by a DoD 

component to carry out its functions 

indicates a violation or potential violation of 

law, whether civil, criminal or regulatory in 

nature, and whether arising by general statute 

or by regulation, rule, or order issued 

pursuant thereto, the relevant records in the 

system of records may be referred, as a 

routine use, to the agency concerned, 

whether federal, state, local, or foreign, 

charged with the responsibility of 

investigating or prosecuting such violation or 

charged with enforcing or implementing the 

statute, rule, regulation or order issued 

pursuant thereto. 

(2) Disclosure When Requesting 

Information Routine Use. A record from a 

system of records maintained by a DoD 

component may be disclosed as a routine use 

to a federal, state, or local agency 

maintaining civil, criminal, or other relevant 

enforcement information or other pertinent 

information, such as current licenses, if 

necessary to obtain information relevant to a 

DoD Component decision concerning the 

hiring or retention of an employee, the 

issuance of a security clearance, the letting of 

a contract, or the issuance of a license, grant 

or other benefit. 

(3) Disclosure of Requested Information 

Routine Use. A record from a system of 

records maintained by a DoD component may 

be disclosed to a Federal agency, in response 

to its request, in connection with the hiring 

or retention of an employee, the issuance of 

a security clearance, the reporting of an 

investigation of an employee, the letting of a 

contract, or the issuance of a license, grant, 

or other benefit by the requesting agency, to 

the extent that the information is relevant 

and necessary to the requesting agency’s 

decision on the matter. 

(4) Congressional Inquiries Disclosure 

Routine Use. Disclosure from a system of 

records maintained by a DoD component may 

be made to a congressional office from the 

record of an individual in response to an 

inquiry from the congressional office made at 

the request of that individual. 

(5) Private Relief Legislation Routine Use. 

Relevant information contained in all 

systems of records of DoD published on or 

before August 22, 1975, may be disclosed to 

Office of Management and Budget in 

connection with the review of private relief 

legislation, as set forth in OMB Circular A– 

19, at any stage of the legislative coordination 

and clearance process as set forth in that 

Circular. 

(6) Disclosures Required by International 

Agreements Routine Use. A record from a 

system of records maintained by a DoD 

Component may be disclosed to foreign law 

enforcement, security, investigatory, or 

administrative authorities in order to comply 

with requirements imposed by, or to claim 

rights conferred in, international agreements 

and arrangements including those regulating 

the stationing and status in foreign countries 

of DoD military and civilian personnel. 

(7) Disclosure to State and Local Taxing 

Authorities Routine Use. Any information 

normally contained in Internal Revenue 

Service Form W–2, which is maintained in 

a record from a system of records maintained 

by a DoD component, may be disclosed to 

state and local taxing authorities with which 

the Secretary of the Treasury has entered into 

agreements pursuant to 5 U.S.C.s 5516, 5517, 

and 5520 and only to those state and local 

taxing authorities for which an employee or 

military member is or was subject to tax 

regardless of whether tax is or was withheld. 

This routine use is in accordance with 

Treasury Fiscal Requirements Manual 

Bulletin 76–07. 

(8) Disclosure to the Office of Personnel 

Management Routine Use. A record from a 

system of records subject to the Privacy Act 

and maintained by a DoD Component may be 

disclosed to the Office of Personnel 

Management concerning information on pay 

and leave, benefits, retirement deductions, 

and any other information necessary for the 

Office of Personnel Management to carry out 

its legally authorized government-wide 

personnel management functions and 

studies. 

(9) Disclosure to the Department of Justice 

for Litigation Routine Use. A record from a 

system of records maintained by a DoD 

component may be disclosed as a routine use 

to any component of the Department of 

Justice for the purpose of representing the 

DoD, or any officer, employee, or member of 

the Department in pending or potential 

litigation to which the record is pertinent. 

(10) Disclosure to Military Banking 

Facilities Overseas Routine Use. Information 

as to current military addresses and 

assignments may be provided to military 

banking facilities who provide banking 

services overseas and who are reimbursed by 

the Government for certain checking and 

loan losses. For personnel separated, 

discharged, or retired from the Armed Forces, 

information as to last known residential or 

home of record address may be provided to 

the military banking facility upon 

certification by a banking facility officer that 

the facility has a returned or dishonored 

check negotiated by the individual or the 

individual has defaulted on a loan and that 

if restitution is not made by the individual, 

the U.S. Government will be liable for the 

losses the facility may incur. 

(11) Disclosure of Information to the 

General Services Administration Routine 

Use. A record from a system of records 

maintained by a DoD component may be 

disclosed as a routine use to the General 

Services Administration for the purpose of 

records management inspections conducted 


rmajette on DSK2VPTVN1PROD with RULES
10352 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

under authority of 44 U.S.C. Sections 2904 

and 2906. 

(12) Disclosure of Information to National 

Archives and Records Administration 

Routine Use. A record from a system of 

records maintained by a DoD component may 

be disclosed as a routine use to National 

Archives and Records Administration for the 

purpose of records management inspections 

conducted under authority of 44 U.S.C.s 2904 

and 2906. 

(13) Disclosure to the Merit Systems 

Protection Board Routine Use. A record from 

a system of records maintained by a DoD 

component may be disclosed as a routine use 

to the Merit Systems Protection Board, 

including the Office of the Special Counsel 

for the purpose of litigation, including 

administrative proceedings, appeals, special 

studies of the civil service and other merit 

systems, review of the Office of Personnel 

Management or component rules and 

regulations, investigation of alleged or 

possible prohibited personnel practices, 

including administrative proceedings 

involving any individual subject of a DoD 

investigation, and such other functions, 

promulgated in 5 U.S.C.s 1205 and 1206, or 

as may be authorized by law. 

(14) Counterintelligence Purposes Routine 

Use. A record from a system of records 

maintained by a DoD component may be 

disclosed as a routine use outside the DoD or 

the U.S. Government for the purpose of 

counterintelligence activities authorized by 

U.S. Law or Executive Order or for the 

purpose of enforcing laws which protect the 

national security of the United States. 

(15) Data Breach Remediation Purposes 

Routine Use. A record from a system of 

records maintained by a Component may be 

disclosed to appropriate agencies, entities, 

and persons when: 

(1) The Component suspects or has 

confirmed that the security or confidentiality 

of the information in the system of records 

has been compromised; 

(2) The Component has determined that as 

a result of the suspected or confirmed 

compromise there is a risk of harm to 

economic or property interests, identity theft 

or fraud, or harm to the security or integrity 

of this system or other systems or programs 

(whether maintained by the Component or 

another agency or entity) that rely upon the 

compromised information; and 

(3) The disclosure made to such agencies, 

entities, and persons is reasonably necessary 

to assist in connection with the Component’s 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

(16) Information Sharing Environment 

Routine Use. A record from a system of 

records maintained by a Component 

consisting of, or relating to, terrorism 

information (6 U.S.C. 485(a)(4)), homeland 

security information (6 U.S.C. 482(f)(1)), or 

law enforcement information (Guideline 2 

Report attached to White House 

Memorandum, ‘‘Information Sharing 

Environment Reports,’’ November 22, 2006) 

may be disclosed to a Federal, State, local, 

tribal, territorial, foreign governmental and/

or multinational agency, either in response to 

its request or upon the initiative of the 

Component, for purposes of sharing such 

information as is necessary and relevant for 

the agencies to the detection, prevention, 

disruption, preemption, and mitigation of the 

effects of terrorist activities against the 

territory, people, and interests of the United 

States of America as contemplated by the 

Intelligence Reform and Terrorism Protection 

Act of 2004 (Pub. L. 108–458) and Executive 

Order 13388 (October 25, 2005). 

[FR Doc. 2015–03862 Filed 2–25–15; 8:45 am] 

BILLING CODE 3710–08–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0611; FRL–9923–24– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; Revision 

to Control of Air Pollution From 

Volatile Organic Compounds; 

Alternative Leak Detection and Repair 

Work Practice 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a Texas State 

Implementation Plan (SIP) revision for 

control of volatile organic compound 

(VOC) emissions from fugitive sources 

that was submitted to EPA on July 2, 

2010. The SIP revision allows for a 

voluntary alternative work practice to 

detect fugitive emission leaks using 

optical gas imaging instruments under 

the EPA federal Leak Detection and 

Repair (LDAR) requirements. The EPA 

is approving this SIP revision pursuant 

to section 110 of the Clean Air Act 

(CAA) and consistent with EPA’s 

guidance and regulations. 

DATES: This rule is effective on April 27, 

2015 without further notice, unless EPA 

receives relevant adverse comment by 

March 30, 2015. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2010–0611, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions. 

• Email: Jennifer Huser at 

huser.jennifer@epa.gov. 

• Mail or delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2010– 

0611. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or CD– 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Huser, (214) 665–7347, 

huser.jennifer@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Huser or Mr. Bill 

Deese at (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 


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