Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations 69551 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

This rule will not have significant 

economic impact on a substantial 

number of small entities because it is 

concerned only with the administration 

of Privacy Act systems of records within 

the Department of Defense. A 

Regulatory Flexibility Analysis is not 

required. 

Public Law 96–511, ‘‘Paperwork 

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

This rule does not contain any 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

These amendments do 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’’ 

These amendments do not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, no 

Federalism assessment is required. 

List of Subjects in 32 CFR Part 319 

Privacy. 

Accordingly, 32 CFR part 319 is 

amended as follows: 

PART 319—DEFENSE INTELLIGENCE 

AGENCY PRIVACY PROGRAM 

■ 1. The authority citation for 32 CFR 

part 319 continues to read as follows: 

Authority: Pub. L. 93–579, 88 Stat. 1896 

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

■ 2. Section 319.13 is amended by 

adding paragraph (d) to read as follows: 

§ 319.13 Specific exemptions. 

* * * * * 

(d) System identifier and name: LDIA 

13–0001, Conflict Management 

Programs. 

(1) Exemptions: Any portion of this 

record system which falls within the 

provisions of 5 U.S.C. 552a(k)(2) and 

(k)(5) may be exempt from the following 

subsections of 5 U.S.C. 552a: (c)(3), (d), 

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

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

(k)(5) 

(3) Reasons: Claiming these 

exemptions ensures the integrity of the 

conflict management process. The 

execution requires that information be 

provided in a free and open manner 

without fear of retribution or 

harassment in order to facilitate a just, 

thorough, and timely resolution of the 

complaint or inquiry. Disclosures from 

this system can enable individuals to 

conceal their wrongdoing or mislead the 

course of the investigation by 

concealing, destroying, or fabricating 

evidence or documents. In addition, 

disclosures can subject sources and 

witnesses to harassment or intimidation 

which may cause individuals to not 

seek redress for wrongs through 

available channels for fear of retribution 

or harassment. 

Dated: November 12, 2013. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2013–27511 Filed 11–19–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2013–OS–0218] 

32 CFR Part 319 

Privacy Act; Implementation 

AGENCY: Defense Intelligence Agency, 

DoD. 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: Defense Intelligence Agency 

(DIA) is proposing to update the DIA 

Privacy Act Program by adding the 

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

accurately describe the basis for 

exempting the records in the system of 

records notice LDIA 10–0004 

Occupational, Safety, Health, and 

Environmental Management Records. 

This direct final rule makes nonsubstantive changes to the Defense 

Intelligence Agency Program rules. 

These changes will allow the 

Department to add exemption rules to 

the DIA Privacy Program rules that will 

exempt applicable Department records 

and/or material from certain portions of 

the Privacy Act. This will improve the 

efficiency and effectiveness of DoD’s 

program by ensuring the integrity of the 

security and counterintelligence records 

by the Defense Intelligence Agency and 

the Department of Defense. 

This rule is being published as a 

direct final rule as the Department of 

Defense does not expect to receive any 

adverse comments, and so a proposed 

rule is unnecessary. 

DATES: The rule will be effective on 

January 29, 2014 unless adverse 

comment is received by January 21, 

2014. If adverse comment is received, 

Department of Defense will publish a 

timely withdrawal of the rule in the 

Federal Register. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive; 

East Tower, 2nd Floor, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the Internet at http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Theresa Lowery at Defense Intelligence 

Agency, DAN 1–C, 600 MacDill Blvd., 

Washington, DC 20340–0001 or by 

phone at (202) 231–1193. 

SUPPLEMENTARY INFORMATION: 

Direct Final Rule and Significant 

Adverse Comments 

DoD has determined this rulemaking 

meets the criteria for a direct final rule 

because it involves non-substantive 

changes dealing with DoD’s 

management of its Privacy Programs. 

DoD expects no opposition to the 

changes and no significant adverse 

comments. However, if DoD receives a 

significant adverse comment, the 

Department will withdraw this direct 

final rule by publishing a notice in the 

Federal Register. A significant adverse 

comment is one that explains: (1) Why 

the direct final rule is inappropriate, 

including challenges to the rule’s 

underlying premise or approach; or (2) 

why the direct final rule will be 

ineffective or unacceptable without a 

change. In determining whether a 

comment necessitates withdrawal of 

this direct final rule, DoD will consider 

whether it warrants a substantive 

response in a notice and comment 

process. 


pmangrum on DSK3VPTVN1PROD with RULES
69552 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that this rule 

is not a significant rule. 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) 

This rule will not have significant 

economic impact on a substantial 

number of small entities because it is 

concerned only with the administration 

of Privacy Act systems of records within 

the Department of Defense. A 

Regulatory Flexibility Analysis is not 

required. 

Public Law 96–511, ‘‘Paperwork 

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

This rule does not contain any 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

These amendments do 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’’ 

These amendments do not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, no 

Federalism assessment is required. 

List of Subjects in 32 CFR Part 319 

Privacy. 

Accordingly, 32 CFR part 319 is 

amended as follows: 

PART 319—DEFENSE INTELLIGENCE 

AGENCY PRIVACY PROGRAM 

■ 1. The authority citation for 32 CFR 

part 319 continues to read as follows: 

Authority: Pub. L. 93–579, 88 Stat. 1896 

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

■ 2. Section 319.13 is amended by 

adding paragraph (m) to read as follows: 

§ 319.13 Specific exemptions. 

* * * * * 

(m) System identifier and name: LDIA 

10–0004 Occupational, Safety, Health, 

and Environmental Management 

Records. 

(1) Exemptions: Any portion of this 

record system which falls within the 

provisions of 5 U.S.C. 552a(k)(2)(k)(4) 

and (k)(5) may be exempt from the 

following subsections of 5 U.S.C. 552a: 

(c)(3); (d)(1), (d)(2), (d)(3), (d)(4), (d)(5); 

(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); (f)(1), 

(f)(2), (f)(2), (f)(3), (f)(4), (f)(5). 

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

(k)(5). 

(3) The reasons for asserting these 

exemptions are to ensure the integrity of 

an investigative or administrative 

process and to protect statistical 

records. The execution requires that 

information be provided in a free and 

open manner without fear of retribution 

or harassment in order to facilitate a 

just, thorough, and timely resolution 

during an investigation or 

administrative action. Disclosures from 

this system can enable individuals to 

conceal their wrongdoing or mislead the 

course of the investigation by 

concealing, destroying, or fabricating 

evidence or documents. In addition, 

disclosures can subject sources and 

witnesses to harassment or intimidation 

which may cause individuals to not to 

seek redress for concerns about 

occupational safety, health, 

environmental issues and accident 

reporting. Information is used to comply 

regulatory reporting requirements. 

Dated: November 13, 2013. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2013–27518 Filed 11–19–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 701 

[Docket ID: USN–2013–0039] 

Privacy Act; Implementation 

AGENCY: Department of the Navy, DoD. 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: Department of the Navy is 

updating the Navy Privacy Act Program 

by adding the (k)(5) exemption to 

accurately describe the basis for 

exempting the records in the system of 

records notice NM03800–1, Naval 

Global Maritime, Foreign, 

Counterterrorism and Counter 

Intelligence Operation Records. This 

direct final rule makes non-substantive 

changes to the Department of the Navy’s 

Program rules. These changes will allow 

the Department to add exemption rules 

to the Department of the Navy Privacy 

Program rules that will exempt 

applicable Department records and/or 

material from certain portions of the 

Privacy Act. This will improve the 

efficiency and effectiveness of DoD’s 

program by ensuring the integrity of the 

security and investigative material 

complied for law enforcement purposes 

by the Department of the Navy and the 

Department of Defense. 

This rule is being published as a 

direct final rule as the Department of 

Defense does not expect to receive any 

adverse comments, and so a proposed 

rule is unnecessary. 

DATES: The rule will be effective on 

January 29, 2014 unless adverse 

comment is received by January 21, 

2014. If adverse comment is received, 

Department of the Navy will publish a 

timely withdrawal of the rule in the 

Federal Register. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

* Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

* Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive; 

East Tower, 2nd Floor, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the Internet at http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Patterson at 202–685–6546. 

SUPPLEMENTARY INFORMATION: 


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