This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

52071 

Vol. 86, No. 179 

Monday, September 20, 2021 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

[Docket ID: DoD–2020–OS–0094] 

RIN 0790–AL17 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary of 

Defense (OSD), Department of Defense. 

ACTION: Final rule. 

SUMMARY: The Department of Defense 

(DoD or Department) is issuing a final 

rule to amend its regulations to exempt 

portions of the DoD–0005, Defense 

Training Records system of records from 

certain provisions of the Privacy Act of 

1974. Specifically, the rule exempts 

portions of the Defense Training 

Records system of records from certain 

provisions of the Privacy Act because of 

national security requirements and to 

preserve the objectivity and fairness of 

testing and examination material. 

DATES: This final rule is effective 

October 20, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lyn Kirby, OSD.DPCLTD@mail.mil, 

(703) 571–0070. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 28, 2020 (85 FR 84316– 

84319), DoD published a notice of a new 

system of records (SORN) establishing 

the DoD–0005, Defense Training 

Records system of records. This system 

covers DoD’s collection, use, and 

maintenance of records about training 

delivered to DoD Service members, 

civilian personnel, and other DoDaffiliated individuals. The training data 

includes enrollment and participation 

information, information pertaining to 

class schedules, programs, and 

instructors, training trends and needs, 

testing and examination materials, and 

assessments of training efficacy. No 

comments on the Routine Uses were 

received during the SORN’s 30-day 

public comment period. 

II. Privacy Act Exemption 

The Privacy Act permits Federal 

agencies to exempt eligible records in a 

system of records from certain 

provisions of the Act, including the 

provisions providing individuals with a 

right to request access to and 

amendment of their own records and 

accountings of disclosures of such 

records. If an agency intends to exempt 

a particular system of records, it must 

first go through the rulemaking process 

to provide public notice and an 

opportunity to comment on the 

proposed exemption. 

Because this system of records may 

contain classified information or 

information the release of which could 

compromise the fairness or objectivity 

of the testing or examination process, 

DoD proposed to exempt this system of 

records from certain provisions of the 

Privacy Act by a notice of proposed 

rulemaking (NPRM) published at 85 FR 

84278–84279 concurrently with the 

SORN. The NPRM proposed to modify 

DoD’s Privacy Act regulations at 32 CFR 

part 310 to exempt portions of records 

maintained in DoD–0005 from the 

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

(d)(1)–(4) of the Privacy Act, pursuant to 

5 U.S.C. 552a(k)(1) and (k)(6) of the 

Privacy Act. The public comment 

period ended on February 26, 2021, and 

DoD did not receive any comments on 

the NPRM. This final rule adds to the 

DoD’s Privacy Act exemptions for 

Department-wide systems of records 

found in 32 CFR 310.13. Records in this 

system of records are only exempt from 

the Privacy Act to the extent the 

purposes underlying the exemption 

pertain to the record. 

Regulatory Analysis 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been previously determined 

that Privacy Act rules for the DoD 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. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), it has been 

determined that Privacy Act rules for 

the DoD are not major rules, as defined 

by 5 U.S.C. 804(2). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been determined that the 

Privacy Act rules for the DoD 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 rules will not 

significantly or uniquely affect small 

governments. 

Public Law 96–354, ‘‘Regulatory 

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

The Director of Administration and 

Management certified that Privacy Act 

rules for the DoD 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 DoD. 

Public Law 96–511, ‘‘Paperwork 

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

It has been determined that Privacy 

Act rules for the DoD impose no 

additional reporting or recordkeeping 

requirements on the public under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been determined that the 

Privacy Act rules for the DoD 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. 

52072 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations 

Executive Order 13175, ‘‘Consultation 

and Coordination With Indian Tribal 

Governments’’ 

It has been determined that Privacy 

Act rules for the DoD do not have 

substantial effects on Indian tribal 

governments. The rules do not impose 

substantial direct compliance costs on 

one or more Indian tribes, preempt 

tribal law, or effect the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

List of Subjects in 32 CFR Part 310 

Privacy. 

Accordingly, 32 CFR part 310 is 

amended as follows: 

PART 310—[AMENDED] 

■ 1. The authority citation for 32 CFR 

part 310 continues to read as follows: 

Authority: 5 U.S.C. 552a. 

■ 2. Section 310.13 is amended by 

adding paragraph (e)(4) to read as 

follows: 

§ 310.13 Exemptions for DoD-wide 

systems. 

* * * * * 

(e) * * * 

(4) System identifier and name. DoD– 

0005, ‘‘Defense Training Records.’’ 

(i) Exemptions. This system of records 

is exempt from 5 U.S.C. 552a(c)(3) and 

(d)(1), (2), (3), and (4). 

(ii) Authority. 5 U.S.C. 552a(k)(1) and 

(6). 

(iii) Exemption from the particular 

subsections. Exemption from the 

particular subsections is justified for the 

following reasons: 

(A) Subsections (c)(3), (d)(1), and 

(d)(2)—(1) Exemption (k)(1). Training 

records in this system of records may 

contain information concerning DoD 

personnel or training materials that is 

properly classified pursuant to 

executive order. Application of 

exemption (k)(1) for such records may 

be necessary because access to and 

amendment of the records, or release of 

the accounting of disclosures for such 

records, could reveal classified 

information. Disclosure of classified 

records to an individual may cause 

damage to national security. 

(2) Exemption (k)(6). Training records 

in this system of records may contain 

information relating to testing or 

examination material used solely to 

determine individual qualifications for 

appointment or promotion in the 

Federal service. Application of 

exemption (k)(6) for such records may 

be necessary when access to and 

amendment of the records, or release of 

the accounting of disclosure for such 

records, may compromise the objectivity 

and fairness of the testing or 

examination process. Amendment of 

such records could also impose a highly 

impracticable administrative burden by 

requiring testing and examinations to be 

continuously re-administered. 

(B) Subsections (d)(3) and (4). These 

subsections are inapplicable to the 

extent an exemption is claimed from 

subsection (d)(2). Moreover, applying 

the amendment appeal procedures to 

training and examination materials 

could impose a highly impractical 

administrative burden by requiring 

testing and examinations to be 

continuously re-administered. 

(iv) Exempt records from other 

systems. In the course of carrying out 

the overall purpose for this system, 

exempt records from other systems of 

records may in turn become part of the 

records maintained in this system. To 

the extent that copies of exempt records 

from those other systems of records are 

maintained in this system, the DoD 

claims the same exemptions for the 

records from those other systems that 

are entered into this system, as claimed 

for the prior system(s) of which they are 

a part, provided the reason for the 

exemption remains valid and necessary. 

* * * * * 

Dated: September 14, 2021. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2021–20221 Filed 9–17–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AQ31 

Elimination of Copayment for Opioid 

Antagonists and Education on Use of 

Opioid Antagonists 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its medical 

regulations that govern copayments to 

conform with recent statutory 

requirements. VA is eliminating the 

copayment requirement for opioid 

antagonists furnished to veterans who 

are at high risk of overdose of a specific 

medication or substance in order to 

reverse the effect of such an overdose. 

VA is also clarifying that no copayment 

is required for the provision of 

education on the use of opioid 

antagonists. This final rule is an 

essential part of VA’s attempts to help 

veterans at high risk of overdose. 

DATES: This rule is effective October 20, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Duran, Director of Policy and 

Planning. 3773 Cherry Creek North 

Drive, Denver, CO 80209. (303) 370– 

1637. (This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On 

November 6, 2020, VA published a 

proposed rule in the Federal Register 

(85 FR 71020) that would eliminate the 

copayment requirement for opioid 

antagonists furnished to veterans who 

are at high risk of overdose of a specific 

medication or substance in order to 

reverse the effect of such an overdose 

and for the provision of education on 

the use of opioid antagonists. VA 

provided a 60-day comment period, 

which ended on January 5, 2021. VA 

received 19 comments on the proposed 

rule. 

In an effort to reduce the incidence of 

overdose among the veteran population, 

Congress, in two separate statutes, has 

required that VA must exempt from 

copayment (1) opioid antagonists 

furnished under chapter 17 to a veteran 

who is at high risk for overdose of a 

specific medication or substance in 

order to reverse the effect of such an 

overdose, and (2) education on the use 

of opioid antagonists to reverse the 

effects of overdoses of specific 

medications or substances. See Public 

Law 114–198, sec. 915 (July 22, 2016) 

and Public Law 114–223, Division A, 

sec. 243 (Sept. 29, 2016). These 

provisions were effective upon 

enactment and have already been 

implemented. These provisions assist 

veterans by eliminating copayments for 

life-saving medication and education on 

the use of such medication, with the 

goal of reducing the incidence of 

overdose deaths among the veteran 

population. This final rule amends two 

of VA’s copayment regulations, 38 Code 

of Federal Regulations (CFR) 17.108 and 

17.110, to accurately implement these 

changes in law. This final rule also adds 

an explanation of how VA would 

identify a veteran at high risk for 

overdose under the new provisions. 

Positive Comments 

Most commenters were in support of 

the proposed rule. One commenter 

stated that the rule would be a crucial 

part of VA’s efforts to help veterans at 

an extreme risk of overdose. Another 

commenter stated that the rule is critical 

in creating cross-governmental cohesion 

in the fight against the opioid crisis in 

our veteran population, and it solidifies 

the message of a united front against the