57644 Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations 

beginning on the date of the member’s 

death: 

(i) Three years. 

(ii) The period ending on the date on 

which such dependent attains 21 years 

of age. 

(iii) In the case of such dependent 

who, at 21 years of age, is enrolled in 

a full-time course of study in a 

secondary school or in a full-time 

course of study in an institution of 

higher education approved by the 

administering Secretary and was, at the 

time of the member’s death, in fact 

dependent on the member for over onehalf of such dependent’s support, the 

period ending on the earlier of the 

following dates: The date on which such 

dependent ceases to pursue such a 

course of study, as determined by the 

administering Secretary; or the date on 

which such dependent attains 23 years 

of age. 

* * * * * 

Dated: August 24, 2011. 

Patricia Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–23761 Filed 9–15–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 256 

[DoD Instruction 4165.57] 

Air Installations Compatible Use Zones 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

DoD’s rule concerning air installations 

compatible use zones. The underlying 

DoD Instruction has been revised and it 

has been determined that there is no 

need to publish the revised DoD 

Instruction as a rule in the Code of 

Federal Regulations since the 

Instruction is for the internal 

management of the DoD. 

DATES: Effective Date: September 16, 

2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Patricia L. Toppings at 703–696–5284. 

SUPPLEMENTARY INFORMATION: A copy of 

the current DoD Instruction may be 

obtained from http://www.dtic.mil/whs/ 

directives/corres/pdf/416557p.pdf. 

List of Subjects in 32 CFR Part 256 

Armed forces; airports; environmental 

protection; Federal buildings and 

facilities; navigation (air); noise control. 

PART 256—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 256 is removed. 

Dated: August 24, 2011. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–23759 Filed 9–15–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 311 

[Docket ID: DoD–2011–OS–0004] 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary, DoD. 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: The Office of the Secretary of 

Defense is exempting those records 

contained in DMDC 13, entitled 

‘‘Investigative Records Repository’’, 

when investigatory material is compiled 

solely for the purpose of determining 

suitability, eligibility, or qualifications 

for Federal civilian employment, 

military service, Federal contracts, or 

access to classified information, but 

only to the extent that such material 

would reveal the identity of a 

confidential source. 

This direct final rule makes 

nonsubstantive changes to the Office of 

the Secretary Privacy Program rules. 

These changes will allow the 

Department to add an exemption rule to 

the Office of the Secretary of Defense 

Privacy Program rules that will exempt 

applicable Department records and/or 

material from certain portions of the 

Privacy Act. This change will allow the 

Department to move part of the 

Department’s personnel security 

program records from the Defense 

Security Service Privacy Program to the 

Office of the Secretary of Defense 

Privacy Program. This will improve the 

efficiency and effectiveness of DoD’s 

program by preserving the exempt status 

of the applicable records and/or 

material when the purposes underlying 

the exemption(s) are valid and 

necessary. This rule is being published 

as a direct final rule as the Department 

of Defense does not expect to receive 

any adverse comments, and so a 

proposed rule is unnecessary. 

DATES: The rule will be effective on 

November 25, 2011 unless comments 

are received that would result in a 

contrary determination. Comments will 

be accepted on or before November 15, 

2011. 

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, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

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. 

Cindy Allard at (703) 588–6830. 

SUPPLEMENTARY INFORMATION: 

Direct Final Rule and Significant 

Adverse Comments 

DoD has determined this rulemaking 

meets the criteria for a direct final rule 

because it involves nonsubstantive 

changes dealing with DoD’s 

management of its Privacy Progams. 

DoD expects no opposition to the 

changes and no significant adverse 

comments. However, if DoD receives a 

significant adverse comment, the 

Department will withdraw this direct 

final rule by publishing a notice in the 

Federal Register. A significant adverse 

comment is one that explains: (1) Why 

the direct final rule is inappropriate, 

including challenges to the rule’s 

underlying premise or approach; or (2) 

why the direct final rule will be 

ineffective or unacceptable without a 

change. In determining whether a 

comment necessitates withdrawal of 

this direct final rule, DoD will consider 

whether it warrants a substantive 

response in a notice and comment 

process. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that Privacy 

Act rules for the Department of Defense 

are not significant rules. The rules do 

not (1) have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 


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