[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Rules and Regulations]
[Pages 15614-15615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8138]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 701

[Secretary of the Navy Instruction 5211.5]


Privacy Program

AGENCY: Department of the Navy, DOD.
ACTION: Final rule.

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SUMMARY: The Department of the Navy is amending three exemption rules. 
The administrative amendments consist of deleting the exemption rule 
for N04385-1 (system was consolidated into N05041-1); changing the 
system name of N05520-5; and changing the system identifier for N04385-
2 to N05512-2 and deleting subsections (k)(5), (k)(6), and (k)(7) from 
the exemption rule.
EFFECTIVE DATE: April 2, 1997.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy 
Branch, Chief of Naval Operations (N09B30), 2000 Navy Pentagon, 
Washington, DC 20350-2000.

FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or 
DSN 325-6545.
SUPPLEMENTARY INFORMATION:
Executive Order 12866. It has been determined that this Privacy Act 
rule for the Department of Defense does not constitute `significant 
regulatory action'. Analysis of the rule indicates that it does not 
have an annual effect on the economy of $100 million or more; does not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; does not materially alter the 
budgetary impact of entitlements, grants, user fees, or loan programs 
or the rights and obligations of recipients thereof; does not raise 
novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in Executive Order 
12866 (1993).
Regulatory Flexibility Act. It has been determined that this Privacy 
Act rule for the Department of Defense does not have significant 
economic impact on a substantial number of small entities because it is 
concerned only with the administration of Privacy Act systems of 
records within the Department of Defense.
Paperwork Reduction Act. It has been determined that this Privacy Act 
rule for the Department of Defense imposes no information requirements 
beyond the Department of Defense and that the information collected 
within the Department of Defense is necessary and consistent with 5 
U.S.C. 552a, known as the Privacy Act of 1974.
    The Department of the Navy is amending three exemption rules 
published in 32 CFR part 701, subpart G. The administrative amendments 
consist of deleting the exemption rule for N04385-1 (system was 
consolidated into N05041-1); changing the system name of N05520-5; and 
changing the system identifier for N04385-2 to N05512-2 and deleting 
subsections (k)(5), (k)(6), and (k)(7) from the exemption rule.

List of Subjects in 32 CFR Part 701

    Privacy.
    1. The authority citation for 32 CFR part 701, subpart G continues 
to read as follows:
    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).

[[Page 15615]]

    2. Section 701.118, is amended by removing and reserving paragraph 
(h), and revising paragraph (i), and revising the heading and 
introductory text of paragraph (n) as follows:


Sec. 701.118 Exemptions for specific Navy record systems.

* * * * *
    (h) [Reserved].
    (i) System identifier and name: N05041-1, Inspector General (IG) 
Records.
    (1) Exemption: Portions of this system of records may be exempt 
from the provisions of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), 
(H), and (I); and (f).
    (2) Authority: 5 U.S.C. 552a(k)(1) and (k)(2).
    (3) Reasons: (i) From subsection (c)(3) because the release of the 
disclosure accounting would permit individuals to obtain valuable 
information concerning the nature of the investigation and would 
present a serious impediment to the orderly conduct of any 
investigative activities. Such accounting could result in the release 
of properly classified information which would compromise the national 
defense or disrupt foreign policy.
    (ii) From subsections (d) and (f) because access to the records 
would inform individuals of the existence and nature of the 
investigation; provide information that might result in the 
concealment, destruction, or fabrication of evidence; possibly 
jeopardize the safety and well-being of informants, witnesses and their 
families; likely reveal and render ineffectual investigatory techniques 
and methods and sources of information; and possibly result in the 
invasion of the personal privacy of third parties. Access could result 
in the release of properly classified information which could 
compromise the national defense or disrupt foreign policy. Amendment of 
the records would interfere with the ongoing investigation and impose 
an impossible administrative burden by requiring investigations to be 
continually reinvestigated.
    (iii) From subsection (e)(1) because in the course of the 
investigation it is not always possible, at least in the early stages 
of the inquiry, to determine relevance and or necessity as such 
determinations may only occur after the information has bee evaluated. 
Information may be obtained concerning the actual or potential 
violation of laws or regulations other than those relating to the 
ongoing investigation. Such information should be retained as it can 
aid in establishing patterns of improper activity and can provide 
valuable leads in the conduct of other investigations.
    (iv) From subsection (e)(4)(G) and (H) because this system of 
records is exempt from individual access pursuant to subsection (k)(1) 
and (k)(2) of the Privacy Act of 1974.
    (v) From subsection (e)(4)(I) because it is neccessary to protect 
the confidentiality of sources and to protect the privacy and physical 
safety of witnesses. Although the system is exempt from this 
requirement, the Department of the Navy has published a notice in 
broad, generic terms in the belief that this is all that subsection 
(e)(4)(I) of the Act requires.
* * * * *
    (n) System identifier and name: N05520-5, Personnel Security 
Program Management Records System. * * *
    Dated: March 26, 1997.

L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-8138 Filed 3-31-97; 8:45 am]
BILLING CODE 5000-04-F