Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Proposed Rules 46653 

Maintain or analyze the functioning of 

the Web site or online service; (b) 

perform network communications; (c) 

authenticate users of, or personalize the 

content on, the Web site or online 

service; (d) serve contextual advertising 

on the Web site or online service; (e) 

protect the security or integrity of the 

user, Web site, or online service; or (f) 

fulfill a request of a child as permitted 

by §§ 312.5(c)(3) and (4); so long as the 

information collected for the activities 

listed in (a)–(f) is not used or disclosed 

to contact a specific individual or for 

any other purpose. 

* * * * * 

Web site or online service directed to 

children means a commercial Web site 

or online service, or portion thereof, 

that: 

(a) Knowingly targets children under 

age 13 as its primary audience; or, 

(b) based on the overall content of the 

Web site or online service, is likely to 

attract children under age 13 as its 

primary audience; or, 

(c) based on the overall content of the 

Web site or online service, is likely to 

attract an audience that includes a 

disproportionately large percentage of 

children under age 13 as compared to 

the percentage of such children in the 

general population; provided however 

that such Web site or online service 

shall not be deemed to be directed to 

children if it: (i) Does not collect 

personal information from any visitor 

prior to collecting age information; and 

(ii) prevents the collection, use, or 

disclosure of personal information from 

visitors who identify themselves as 

under age 13 without first obtaining 

verifiable parental consent; or, 

(d) knows or has reason to know that 

it is collecting personal information 

through any Web site or online service 

covered under paragraphs (a)–(c). 

In determining whether a commercial 

Web site or online service, or a portion 

thereof, is directed to children, the 

Commission will consider its subject 

matter, visual content, use of animated 

characters or child-oriented activities 

and incentives, music or other audio 

content, age of models, presence of 

child celebrities or celebrities who 

appeal to children, language or other 

characteristics of the Web site or online 

service, as well as whether advertising 

promoting or appearing on the Web site 

or online service is directed to children. 

The Commission will also consider 

competent and reliable empirical 

evidence regarding audience 

composition, and evidence regarding 

the intended audience. A commercial 

Web site or online service, or a portion 

thereof, shall not be deemed directed to 

children solely because it refers or links 

to a commercial Web site or online 

service directed to children by using 

information location tools, including a 

directory, index, reference, pointer, or 

hypertext link. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2012–19115 Filed 8–3–12; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 51 

[REG–112805–10] 

RIN 1545–BJ39 

Branded Prescription Drug Fee; 

Hearing 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of public hearing on 

notice proposed rulemaking by crossreference to temporary regulations. 

SUMMARY: This document provides 

notice of public hearing on proposed 

regulations relating to the branded 

prescription drug fee imposed by the 

Affordable Care Act. 

DATES: The public hearing is being held 

on Friday, November 9, 2012, at 10:00 

a.m. The IRS must receive outlines of 

the topics to be discussed at the public 

hearing by Friday, October 5, 2012. 

ADDRESSES: The public hearing is being 

held in the IRS Auditorium, Internal 

Revenue Service Building, 1111 

Constitution Avenue NW., Washington, 

DC 20224. Send Submissions to 

CC:PA:LPD:PR (REG–112805–10), room 

5205, Internal Revenue Service, P.O. 

Box 7604, Ben Franklin Station, 

Washington, DC 20044. Submissions 

may be hand-delivered Monday through 

Friday to CC:PA:LPD:PR (REG–112805– 

10), Couriers Desk, Internal Revenue 

Service, 1111 Constitution Avenue NW., 

Washington, DC or sent electronically 

via the Federal eRulemaking Portal at 

www.regulations.gov (REG–112805–10). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the regulations, Celia 

Gabrysh (202) 622–3130; concerning 

submissions of comments, the hearing 

and/or to be placed on the building 

access list to attend the hearing Funmi 

Taylor at (202) 622–7180 (not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: The 

subject of the public hearing is the 

notice of proposed rulemaking by crossreference to temporary regulations 

(REG–112805–10) that was published in 

the Federal Register on Thursday, 

August 18, 2011 (76 FR 51310). 

The rules of 26 CFR 601.601(a)(3) 

apply to the hearing. Persons who wish 

to present oral comments at the hearing 

that submitted written comments by 

November 16, 2011, must submit an 

outline of the topics to be addressed and 

the amount of time to be denoted to 

each topic. 

A period of 10 minutes is allotted to 

each person for presenting oral 

comments. After the deadline for 

receiving outlines has passed, the IRS 

will prepare an agenda containing the 

schedule of speakers. Copies of the 

agenda will be made available, free of 

charge, at the hearing or in the Freedom 

of Information Reading Room (FOIA RR) 

(room 1621) which is located at the 11th 

and Pennsylvania Avenue NW., 

entrance, 1111 constitution Avenue 

NW., Washington, DC. 

Because of access restrictions, the IRS 

will not admit visitors beyond the 

immediate entrance area more than 30 

minutes before the hearing starts. For 

information about having your name 

placed on the building access list to 

attend the hearing, see the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

LaNita VanDyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2012–19074 Filed 8–3–12; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 323 

RIN 0790–AI86 

[Docket ID: DOD–2012–OS–0018] 

Defense Logistics Agency Privacy 

Program 

AGENCY: Defense Logistics Agency, DoD. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Defense Logistics Agency 

(DLA) is proposing to amend the DLA 

Privacy Program Regulation. The DLA 

Privacy Offices have been repositioned 

under the DLA General Counsel; 

therefore, responsibilities have been 

updated to reflect the repositioning. In 

addition, DLA has adopted revisions to 

the DoD Privacy Program. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
46654 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Proposed Rules 

DATES: Submit comments on or before 

October 5, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods. 

Federal eRulemaking 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 Regulatory 

Information Number (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. 

Jody Sinkler at (703) 767–5045. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

I. Purpose of This Regulatory Action 

a. This rule provides policies and 

procedures for the Defense Logistics 

Agency’s implementation of the Privacy 

Act of 1974, as amended. In addition, 

DLA has adopted specific sections of the 

DoD Privacy Program as published in 32 

CFR part 310. 

b. Authority: Privacy Act of 1974, 

Pub. L. 93–579, Stat. 1896 (5 U.S.C. 

552a). 

II. Summary of the Major Provisions of 

This Regulatory Action 

The DLA Privacy Offices have been 

repositioned under the DLA General 

Counsel; therefore, responsibilities have 

been updated to reflect the 

repositioning. 

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. The rules do 

not (1) have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; (2) create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another Agency; (3) materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs, or 

the rights and obligations of recipients 

thereof; or (4) raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive orders. 

Public Law 96–354, ‘‘Regulatory 

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

It has been determined that Privacy 

Act rules for the Department of Defense 

do not have significant economic impact 

on a substantial number of small entities 

because they are concerned only with 

the administration of Privacy Act 

systems of records within the 

Department of Defense. 

Public Law 96–511, ‘‘Paperwork 

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

It has been determined that Privacy 

Act rules for the Department of Defense 

impose no additional information 

collection requirements on the public 

under the Paperwork Reduction Act of 

1995. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been determined that 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 Privacy 

Act rules for the Department of Defense 

do not have federalism implications. 

The rules do not have substantial direct 

effects on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. 

List of Subjects in 32 CFR Part 323 

Privacy. 

Accordingly, DoD proposes to revise 

32 CFR part 323 to read as follows: 

PART 323—DEFENSE LOGISTICS 

AGENCY PRIVACY PROGRAM 

Sec. 

323.1 Purpose. 

323.2 Applicability. 

323.3 Policy. 

323.4 Responsibilities. 

323.5 Access to systems of records 

information. 

323.6 Exemption rules. 

Authority: Privacy Act of 1974, Pub. L. 

93–579, Stat. 1896 (5 U.S.C. 552a). 

§ 323.1 Purpose. 

This part sets out Defense Logistics 

Agency policy, assigns responsibilities, 

and prescribes procedures for the 

effective administration of the DLA 

Privacy Program. 

§ 323.2 Applicability. 

This part: 

(a) Applies to Defense Logistics 

Agency Headquarters (DLA HQ) and all 

other organizational entities within the 

Defense Logistics Agency (hereafter 

referred to as ‘‘DLA Components’’). 

(b) Shall be made applicable by 

contract or other legally binding action 

to U.S. Government contractors 

whenever a DLA contract requires the 

performance of any activities associated 

with maintaining a system of records, 

including the collection, use, and 

dissemination of records on behalf of 

DLA. 

§ 323.3 Policy. 

DLA adopts and supplements the DoD 

Privacy Program policy and procedures 

codified at 32 CFR 310.4 through 

310.53, and appendices A through H of 

32 CFR part 310. 

§ 323.4 Responsibilities. 

(a) General Counsel. The General 

Counsel, DLA, under the authority of 

the Director, Defense Logistics Agency: 

(1) Implements the DLA Privacy 

Program and is hereby designated as the 

Component Senior Official for Privacy. 

(2) Serves as the DLA Final Denial 

Appellate Authority. 

(3) Provides advice and assistance on 

all legal matters arising out of, or 

incident to, the implementation and 

administration of the DLA Privacy 

Program. 

(4) Serves as the DLA focal point on 

Privacy Act litigation with the 

Department of Justice; and will advise 

the Defense Privacy and Civil Liberties 

Office on the status of DLA privacy 

litigation. This responsibility may be 

delegated. 

(5) Serves as a member of the Defense 

Privacy Board Legal Committee. This 

responsibility may be delegated. 

(6) Supervises and administers the 

DLA FOIA and Privacy Act Office 


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(DGA) and assigned staff. This 

responsibility may be delegated. 

(7) May exempt DLA systems of 

records. 

(b) Initial Denial Authority (IDA) at 

Headquarters DLA. By this part, the 

DLA Director designates the Head of 

each Headquarters DLA Component as 

an IDA. Each Head may further delegate 

this responsibility to their Deputy. For 

the DLA General Counsel’s Office, the 

Deputy General Counsel shall serve as 

the Initial Denial Authority (IDA). 

(c) DLA Privacy Act Office. The DLA 

Privacy Act Office (DGA) staff: 

(1) Formulates policies, procedures, 

and standards necessary for a uniform 

DLA Privacy Program. 

(2) Serves as the DLA representative 

on the Defense Privacy Board and the 

Defense Data Integrity Board. 

(3) Provides advice and assistance on 

privacy matters. 

(4) Develops or compiles the rules, 

notices, and reports required under 32 

CFR part 310. 

(5) Assesses the impact of technology 

on the privacy of personal information. 

(6) Conducts Privacy training for 

personnel assigned, employed, and 

detailed, including contractor personnel 

and individuals having primary 

responsibility for implementing the 

DLA Privacy Program. 

(7) Develops forms used within the 

DLA Privacy Program. This part serves 

as the prescribing document for forms 

developed for the DLA Privacy Program. 

(d) DLA Components Heads. The DLA 

Components Heads: 

(1) Designate an individual as the 

point of contact for Privacy matters for 

their DLA Component and advise DGA 

of the name of official so designated. 

This individual also will serve as the 

Privacy Officer for the co-located tenant 

DLA organizations. 

(2) Designate an official to serve as the 

initial denial authority for initial 

requests for access to an individual’s 

records or amendments to records, and 

will advise DGA of the names of the 

officials so designated. 

(e) DLA Acquisition Management 

Directorate (J–7). The DLA Acquisition 

Management Directorate (J–7) shall be 

responsible for: 

(1) Developing the specific DLA 

policies and procedures to be followed 

when soliciting bids, awarding contracts 

or administering contracts that are 

subject to 32 CFR 310.12. 

(2) Establishing an appropriate 

contract surveillance program to ensure 

contractors comply with the procedures 

established in accordance with 32 CFR 

310.12. 

§ 323.5 Access to systems of records 

information. 

(a) Individuals who wish to gain 

access to records contained in a system 

of records about themselves will submit 

their request in writing to the DLA 

FOIA/Privacy Act Office, Headquarters, 

Defense Logistics Agency, ATTN: DGA, 

8725 John J. Kingman Road, Suite 1644, 

Fort Belvoir, VA 22060–6221. Any 

written request must: 

(1) Identify the particular ‘‘system(s) 

of records’’ to be searched; 

(2) Contain the information listed 

under the ‘‘Notification procedure’’ or 

‘‘Record access procedures’’ elements of 

the applicable system of records notice; 

(3) Verify identity when the 

information sought is of a sensitive 

nature by submitting an unsworn 

declaration in accordance with 28. 

U.S.C. 1746 or notarized signature; 

(4) Adequately explain a request for 

expedited processing, if applicable; 

(5) State whether they agree to pay 

fees associated with the processing of 

your request; and 

(6) Contain a written release authority 

if records are to be released to a third 

party. Third parties could be, but are not 

limited to, a law firm, a Congressman’s 

office, a union official, or a private 

entity. 

(b) Amendment and/or Access denials 

will be processed in accordance with 32 

CFR 310.18 and 310.19. 

(c) If an individual disagrees with the 

initial agency determination regarding 

notification, access, or amendment, he 

may appeal by writing to the General 

Counsel, Defense Logistics Agency, 

ATTN: DGA, Suite 1644, 8725 John J. 

Kingman Road, Fort Belvoir, VA 22060– 

6221 or by emailing the appeal to hqfoia@dla.mil or by faxing the appeal to 

(703) 767–6091. 

§ 323.6 Exemption rules. 

(a) The Director, DLA or designee may 

claim an exemption from any provision 

of the Privacy Act from which an 

exemption is allowed. 

(b) An individual is not entitled to 

access information that is compiled in 

reasonable anticipation of a civil action 

or proceeding. The term ‘‘civil action or 

proceeding’’ is intended to include 

court proceedings, preliminary judicial 

steps, and quasi-judicial administrative 

hearings or proceedings (i.e., adversarial 

proceedings that are subject to rules of 

evidence). Any information prepared in 

anticipation of such actions or 

proceedings, to include information 

prepared to advise DLA officials of the 

possible legal or other consequences of 

a given course of action, is protected. 

The exemption is similar to the attorney 

work-product privilege except that it 

applies even when the information is 

prepared by non-attorneys. The 

exemption does not apply to 

information compiled in anticipation of 

criminal actions or proceedings. 

(c) Exempt Records Systems. All 

systems of records maintained by the 

Defense Logistics Agency will be 

exempt from the access provisions of 5 

U.S.C. 552a(d) and the notification of 

access procedures of 5 U.S.C. 

522a(e)(4)(H) pursuant to 5 U.S.C. 

552a(k)(1) to the extent that the system 

contains any information properly 

classified under Executive Order 13526 

and which is required by the Executive 

Order to be kept secret in the interest of 

national defense or foreign policy. This 

exemption, which may be applicable to 

parts of all DLA systems of records, is 

necessary because certain record 

systems not otherwise specifically 

designated for exemptions herein may 

contain isolated items of information 

which have been properly classified. 

(d) System Identifier: S170.04 

(Specific exemption). 

(1) System name: Fraud and 

Irregularities. 

(2) Exemption: (i) 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). If an individual, however, 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 the information, the 

individual will be provided access to 

the information except to the extent that 

disclosure would reveal the identity of 

a confidential source. NOTE: When 

claimed, this exemption allows limited 

protection of investigative reports 

maintained in a system of records used 

in personnel or administrative actions. 

(ii) 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. 

(iii) The specific sections of 5 U.S.C. 

552a from which the system is exempt 

are 5 U.S.C. 552a(c)(3), (d)(1) through 

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

(f). 

(3) Authorities: 5 U.S.C. 552a(k)(2) 

and (k)(5). 

(4) Reasons: (i) From 5 U.S.C. 

552a(c)(3), as granting access to the 

accounting for each disclosure, as 

required by the Privacy Act, including 


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the date, nature, and purpose of each 

disclosure and the identity of the 

recipient, could alert the subject to the 

existence of an investigation or 

prosecutive interest by DLA or other 

agencies. This seriously could 

compromise case preparation by 

prematurely revealing its existence and 

nature; compromise or interfere with 

witnesses or making witnesses reluctant 

to cooperate; and lead to suppression, 

alteration, or destruction of evidence. 

(ii) From 5 U.S.C. 552a(d)(1) through 

(4) and (f), as providing access to 

records of a civil investigation, and the 

right to contest the contents of those 

records and force changes to be made to 

the information contained therein, 

would seriously interfere with and 

thwart the orderly and unbiased 

conduct of an investigation and impede 

case preparation. Providing access rights 

normally afforded under the Privacy Act 

would provide the subject with valuable 

information that would: Allow 

interference with or compromise of 

witnesses or render witnesses reluctant 

to cooperate; lead to suppression, 

alteration, or destruction of evidence; 

and result in the secreting of or other 

disposition of assets that would make 

them difficult or impossible to reach to 

satisfy any Government claim arising 

from the investigation or proceeding. 

(iii) From 5 U.S.C. 552a(e)(1), as it is 

not always possible to detect the 

relevance or necessity of each piece of 

information in the early stages of an 

investigation. In some cases, it is only 

after the information is evaluated in 

light of other evidence that its relevance 

and necessity will be clear. 

(iv) From 5 U.S.C. 552a(e)(4)(G) and 

(H), as there is no necessity for such 

publication since the system of records 

would be exempt from the underlying 

duties to provide notification about and 

access to information in the system and 

to make amendments and corrections to 

the information in the system. 

(v) From 5 U.S.C. 552a(e)(4)(I), as to 

the extent that this provision is 

construed to require more detailed 

disclosure than the broad, generic 

information currently published in the 

system notice, an exemption from this 

provision is necessary to protect the 

confidentiality of sources of information 

and to protect privacy and physical 

safety of witnesses and informants. 

DLA, nevertheless, will continue to 

publish such a notice in broad generic 

terms as is its current practice. 

(e) System Identifier: S500.10 

(Specific exemption). 

(1) System name: Personnel Security 

Files. 

(2) Exemption: (i) Investigatory 

material compiled solely for the purpose 

of determining suitability, eligibility, or 

qualifications for federal civilian 

employment, 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. 

(ii) Therefore, portions of this system 

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

552a(k)(5) from the following 

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

and (e)(1). 

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

(4) Reasons: (i) From 5 U.S.C. 

552a(c)(3) and (d), when access to 

accounting disclosures and access to or 

amendment of records would cause the 

identity of a confidential source to be 

revealed. Disclosure of the source’s 

identity not only will result in the 

Department breaching the promise of 

confidentiality made to the source but it 

would impair the Department’s future 

ability to compile investigatory material 

for the purpose of determining 

suitability, eligibility, or qualifications 

for Federal civilian employment, 

Federal contracts, or access to classified 

information. Unless sources may be 

assured that a promise of confidentiality 

will be honored, they will be less likely 

to provide information considered 

essential to the Department in making 

the required determinations. 

(ii) From 5 U.S.C. 552a(e)(1), as in the 

collection of information for 

investigatory purposes, it is not always 

possible to determine the relevance and 

necessity of particular information in 

the early stages of the investigation. In 

some cases, it is only after the 

information is evaluated in light of other 

information that its relevance and 

necessity becomes clear. Such 

information permits more informed 

decision-making by the Department 

when making required suitability, 

eligibility, and qualification 

determinations. 

(f) System Identifier: S500.20 

(Specific exemption). 

(1) System name: Defense Logistics 

Agency (DLA) Criminal Incident 

Reporting System (DCIRS). 

(2) Exemption: (i) 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). If an individual, however, 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 the information, the 

individual will be provided access to 

the information except to the extent that 

disclosure would reveal the identity of 

a confidential source. NOTE: When 

claimed, this exemption allows limited 

protection of investigative reports 

maintained in a system of records used 

in personnel or administrative actions. 

(ii) The specific sections of 5 U.S.C. 

552a from which the system is to be 

exempted are 5 U.S.C. 552a(c)(3), (d), 

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

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

(4) Reasons: (i) From subsection (c)(3), 

as to grant access to an accounting of 

disclosures as required by the Privacy 

Act, including the date, nature, and 

purpose of each disclosure and the 

identity of the recipient, could alert the 

subject to the existence of the 

investigation or prosecutive interest by 

DLA or other agencies. This could 

seriously compromise case preparation 

by: Prematurely revealing its existence 

and nature; compromising or interfering 

with witnesses or making witnesses 

reluctant to cooperate; and leading to 

suppression, alteration, or destruction of 

evidence. 

(ii) From 5 U.S.C. 552a(d) and (f), as 

providing access to this information 

could result in the concealment, 

destruction or fabrication of evidence 

and jeopardize the safety and well being 

of informants, witnesses and their 

families, and law enforcement 

personnel and their families. Disclosure 

of this information also could reveal and 

render ineffectual investigative 

techniques, sources, and methods used 

by this component and could result in 

the invasion of privacy of individuals 

only incidentally related to an 

investigation. Investigatory material is 

exempt to the extent that the disclosure 

of such material would reveal the 

identity of a source who furnished the 

information to the Government under an 

express promise that the identity of the 

source would be held in confidence, or 

prior to September 27, 1975, under an 

implied promise that the identity of the 

source would be held in confidence. 

This exemption will protect the 

identities of certain sources that would 

be otherwise unwilling to provide 

information to the Government. The 

exemption of the individual’s right of 

access to his/her records and the 

reasons therefore necessitate the 

exemptions of this system of records 

from the requirements of the other cited 

provisions. 

(iii) From 5 U.S.C. 552a(e)(1), as it is 

not always possible to detect the 

relevance or necessity of each piece of 

information in the early stages of an 

investigation. In some cases, it is only 

after the information is evaluated in 

light of other evidence that its relevance 

and necessity will be clear. 


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(iv) From 5 U.S.C. 552a(e)(4)(G), (H), 

and (I), as it will provide protection 

against notification of investigatory 

material which might alert a subject to 

the fact that an investigation of that 

individual is taking place, and the 

disclosure of which would weaken the 

on-going investigation, reveal 

investigatory techniques, and place in 

jeopardy confidential informants who 

furnished information under an express 

promise that the sources’ identity would 

be held in confidence (or prior to the 

effective date of the Act, under an 

implied promise). 

(g) System Identifier: S500.30 

(Specific exemption). 

(1) System name: Incident 

Investigation/Police Inquiry Files. 

(2) Exemption: (i) 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). If an individual, however, 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 the information, the 

individual will be provided access to 

the information, except to the extent 

that disclosure would reveal the identity 

of a confidential source. NOTE: When 

claimed, this exemption allows limited 

protection of investigative reports 

maintained in a system of records used 

in personnel or administrative actions. 

(ii) 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. 

(iii) The specific sections of 5 U.S.C. 

552a from which the system is exempt 

are 5 U.S.C. 552a(c)(3), (d)(1) through 

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

(f). 

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

(k)(5). 

(4) Reasons: (i) From 5 U.S.C. 

552a(c)(3), because to grant access to the 

accounting for each disclosure as 

required by the Privacy Act, including 

the date, nature, and purpose of each 

disclosure and the identity of the 

recipient, could alert the subject to the 

existence of the investigation or 

prosecutive interest by DLA or other 

agencies. This could seriously 

compromise case preparation by: 

Prematurely revealing its existence and 

nature; compromising or interfering 

with witnesses or making witnesses 

reluctant to cooperate; and leading to 

suppression, alteration, or destruction of 

evidence. 

(ii) From 5 U.S.C. 552a(d)(1) through 

(d)(4), and (f), as providing access to 

records of a civil or administrative 

investigation, and the right to contest 

the contents of those records and force 

changes to be made to the information 

contained therein, would seriously 

interfere with and thwart the orderly 

and unbiased conduct of the 

investigation and impede case 

preparation. Providing access rights 

normally afforded under the Privacy Act 

would: Provide the subject with 

valuable information that would allow 

interference with or compromise of 

witnesses or render witnesses reluctant 

to cooperate; lead to suppression, 

alteration, or destruction of evidence; 

enable individuals to conceal 

wrongdoing or mislead the course of the 

investigation; and result in the secreting 

of or other disposition of assets that 

would make them difficult or 

impossible to reach to satisfy any 

Government claim arising from the 

investigation or proceeding. 

(iii) From 5 U.S.C. 552a(e)(1), as it is 

not always possible to detect the 

relevance or necessity of each piece of 

information in the early stages of an 

investigation. In some cases, it is only 

after the information is evaluated in 

light of other evidence that its relevance 

and necessity will be clear. 

(iv) From 5 U.S.C. 552a(e)(4)(G) and 

(H), as this system of records is 

compiled for law enforcement purposes 

and is exempt from the access 

provisions of 5 U.S.C. 552a(d) and (f). 

(v) From 5 U.S.C. 552a(e)(4)(I), 

because to the extent that this provision 

is construed to require more detailed 

disclosure than the broad, generic 

information currently published in the 

system notice, an exemption from this 

provision is necessary to protect the 

confidentiality of sources of information 

and to protect privacy and physical 

safety of witnesses and informants. 

DLA, nevertheless, will continue to 

publish such a notice in broad generic 

terms as is its current practice. 

(h) System Identifier: S500.60 

(Specific exemption). 

(1) System name: DLA Hotline 

Program Records. 

(2) Exemption: (i) 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). If an individual, however, 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 the information, the 

individual will be provided access to 

the information, except to the extent 

that disclosure would reveal the identity 

of a confidential source. NOTE: When 

claimed, this exemption allows limited 

protection of investigative reports 

maintained in a system of records used 

in personnel or administrative actions. 

(ii) 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. 

(iii) The specific sections of 5 U.S.C. 

552a from which the system is exempt 

are 5 U.S.C. 552a(c)(3), (d)(1) through 

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

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

(k)(5). 

(4) Reasons: (i) From subsection (c)(3), 

as to grant access to an accounting of 

disclosures as required by the Privacy 

Act, including the date, nature, and 

purpose of each disclosure and the 

identity of the recipient, could alert the 

subject to the existence of the 

investigation or prosecutive interest by 

DLA or other agencies. This could 

seriously compromise case preparation 

by prematurely revealing its existence 

and nature; compromise or interfere 

with witnesses or making witnesses 

reluctant to cooperate; and lead to 

suppression, alteration, or destruction of 

evidence. 

(ii) From 5 U.S.C. 552a(d)(1) through 

(4) and (f), as providing access to 

records of a civil or administrative 

investigation, and the right to contest 

the contents of those records and force 

changes to be made to the information 

contained therein, would interfere 

seriously with and thwart the orderly 

and unbiased conduct of the 

investigation and impede case 

preparation. Providing access rights 

normally afforded under the Privacy Act 

would provide the subject with valuable 

information that would allow: 

Interference with or compromise of 

witnesses or render witnesses reluctant 

to cooperate; lead to suppression, 

alteration, or destruction of evidence; 

enable individuals to conceal 

wrongdoing or mislead the course of the 

investigation; and result in the secreting 

of or other disposition of assets that 

would make them difficult or 

impossible to reach to satisfy any 

Government claim arising from the 

investigation or proceeding. 

(iii) From 5 U.S.C. 552a(e)(1), as it is 

not always possible to detect the 


tkelley on DSK3SPTVN1PROD with PROPOSALS
46658 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Proposed Rules 

relevance or necessity of each piece of 

information in the early stages of an 

investigation. In some cases, it is only 

after the information is evaluated in 

light of other evidence that its relevance 

and necessity will be clear. 

(iv) From 5 U.S.C. 552a(e)(4)(G) and 

(H), as this system of records is 

compiled for law enforcement purposes 

and is exempt from the access 

provisions of 5 U.S.C. 552a(d) and (f). 

(v) From 5 U.S.C. 552a(e)(4)(I), as to 

the extent that this provision is 

construed to require more detailed 

disclosure than the broad, generic 

information currently published in the 

system notice, an exemption from this 

provision is necessary to protect the 

confidentiality of sources of information 

and to protect privacy and physical 

safety of witnesses and informants. 

DLA, nevertheless, will continue to 

publish such a notice in broad generic 

terms as is its current practice. 

(i) System Identifier: S510.30 

(Specific/General Exemption). 

(1) System name: Freedom of 

Information Act/Privacy Act Requests 

and Administrative Appeal Records. 

(2) Exemption: During the processing 

of a Freedom of Information Act/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 Defense Logistics Agency 

claims the same exemptions for the 

records from those ‘‘other’’ systems that 

are entered into this system, as claimed 

for the original primary system of which 

they are a part. 

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

(k)(1) through (7). 

(4) 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 

the President and others are not 

compromised; 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. 

Dated: July 9, 2012. 

Patricia L. Toppings, 

OSD Federal Register, Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–18123 Filed 8–3–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[CFDA Number: 84.373Y.] 

Proposed Priority; Technical 

Assistance To Improve State Data 

Capacity—National Technical 

Assistance Center To Improve State 

Capacity To Accurately Collect and 

Report IDEA Data 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Notice. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services proposes a funding priority 

under the Technical Assistance (TA) on 

State Data Capacity program. The 

Assistant Secretary may use this 

proposed priority for competitions in 

fiscal year (FY) 2012 and later years. We 

take this action to focus attention on an 

identified national need to provide TA 

to improve the capacity of States to meet 

the data collection requirements of the 

Individuals with Disabilities Education 

Act (IDEA). 

DATES: We must receive your comments 

on or before October 22, 2012. 

ADDRESSES: Address all comments about 

this notice to Kelly Worthington, U.S. 

Department of Education, 400 Maryland 

Avenue SW., Room 4072, Potomac 

Center Plaza (PCP), Washington, DC 

20202–2600. 

If you prefer to send your comments 

by email, use the following address: 

Kelly.Worthington@ed.gov. You must 

include the term ‘‘State Data Capacity 

Priority’’ in the subject line of your 

electronic message. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Worthington. Telephone: (202) 

245–7581. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment: We invite you 

to submit comments regarding the 

proposed priority in this notice. To 

ensure that your comments have 

maximum effect in developing the 

notice of final priority, we urge you to 

clearly identify the specific topic that 

each comment addresses. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Orders 12866 

and 13563 and their overall requirement 

of reducing regulatory burden that 

might result from this proposed priority. 

Please let us know of any further ways 

we could reduce potential costs or 

increase potential benefits while 

preserving the effective and efficient 

administration of the program. 

During and after the comment period, 

you may inspect all public comments 

about this notice in Room 4072, 550 

12th Street SW., Potomac Center Plaza, 

Washington, DC, between the hours of 

8:30 a.m. and 4 p.m., Washington, DC 

time, Monday through Friday of each 

week except Federal holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record: On request, we will 

provide an appropriate accommodation 

or auxiliary aid to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for this notice. If you want to 

schedule an appointment for this type of 

accommodation or auxiliary aid, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

Purpose of Program: The purpose of 

the Technical Assistance on State Data 

Collection program is to improve the 

capacity of States to meet IDEA data 

collection and reporting requirements. 

Funding for the program is authorized 

under section 611(c)(1) of the IDEA, 

which gives the Secretary the authority 

to reserve funds appropriated under 

section 611 of the IDEA to provide TA 

authorized under section 616(i) of the 

IDEA. Section 616(i) requires the 

Secretary to review the data collection 

and analysis capacity of States to ensure 

that data and information determined 

necessary for implementation of section 

616 and 618 of the IDEA are collected, 

analyzed, and accurately reported. It 

also requires the Secretary to provide 

TA, where needed, to improve the 

capacity of States to meet the data 

collection requirements under the IDEA. 

Program Authority: 20 U.S.C. 1411(c), 

1416(i), and 1418(c). 


tkelley on DSK3SPTVN1PROD with PROPOSALS