37774 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Proposed Rules 

notice of hearing instructed those 

interested in testifying at the public 

hearing to submit a request to speak and 

an outline of the topics to be discussed. 

Requests to speak and outlines were due 

on June 9, 2022. As of the end of the day 

on June 14, 2022, no one requested to 

speak. Therefore, the public hearing 

scheduled for June 28, 2022, at 10 a.m. 

is cancelled. 

Oluwafunmilayo A. Taylor, 

Branch Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel, (Procedure and 

Administration). 

[FR Doc. 2022–13491 Filed 6–23–22; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

[Docket ID DoD–2022–OS–0066] 

RIN 0790–AL08 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary of 

Defense (OSD), Department of Defense 

(DoD). 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense 

(Department or DoD) is giving 

concurrent notice of a new Departmentwide system of records pursuant to the 

Privacy Act of 1974 for the DoD–0010, 

‘‘Counterintelligence Functional 

Services’’ system of records and this 

proposed rulemaking. In this proposed 

rulemaking, the Department proposes to 

exempt portions of this system of 

records from certain provisions of the 

Privacy Act because of national security, 

law enforcement, and employment 

suitability mission areas. 

DATES: Send comments on or before 

August 23, 2022. 

ADDRESSES: You may submit comments, 

identified by docket number, Regulation 

Identifier Number (RIN), and title, by 

any of the following methods. 

* Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

* Mail: Department of Defense, Office 

of the Assistant to the Secretary of 

Defense for Privacy, Civil Liberties, and 

Transparency, Regulatory Directorate, 

4800 Mark Center Drive, Attn: Mailbox 

24, Suite 08D09, Alexandria, VA 22350– 

1700. 

Instructions: All submissions received 

must include the agency name and 

docket number or 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 https://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rahwa Keleta, Defense Privacy and Civil 

Liberties Division, Directorate for 

Privacy, Civil Liberties and Freedom of 

Information, Office of the Assistant to 

the Secretary of Defense for Privacy, 

Civil Liberties, and Transparency, 

Department of Defense, 4800 Mark 

Center Drive, Mailbox #24, Suite 08D09, 

Alexandria, VA 22350–1700; 

OSD.DPCLTD@mail.mil; (703) 571– 

0070. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, the DoD is establishing a new 

DoD-wide system of records titled 

‘‘Counterintelligence Functional 

Services,’’ DoD–0010. This system of 

records notice describes DoD’s 

collection, use, and maintenance of 

records about counterintelligence 

functional services (CIFS). The purpose 

of CIFS is to protect Department 

resources and personnel from foreign 

adversaries who seek to exploit 

sensitive information, operations, and 

programs to the detriment of the U.S. 

government. The system of records 

consists of both electronic and paper 

records and will be used by DoD 

components and offices to maintain 

records about individuals in support of 

the Counterintelligence (CI) mission for 

the Department. DoD is authorized to 

maintain records on individuals to 

protect against espionage, intelligence 

activities, sabotage, or assassinations 

conducted by foreign entities or 

international terrorists. CIFS activities 

support the following CI missions: 

countering espionage; countering 

international terrorism; and providing 

support to force protection, research, 

development, and acquisition activities. 

CIFS also include assessments of CI 

incidents and DoD-required CI reporting 

conducted throughout the DoD 

enterprise. Not included in this system 

of records are records concerning CI 

investigations or CI collection activities. 

The CIFS records contain information 

on both Federal employees and 

members of the public. The CIFS system 

of records contains data derived from 

individuals, government records 

(Federal, State, and local, tribal, and 

foreign) and information collected 

directly from the public. 

II. Privacy Act Exemption 

The Privacy Act allows federal 

agencies to exempt eligible records in a 

system of records from certain 

provisions of the Act, including those 

that provide individuals with a right to 

request access to and amendment of 

their own 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. This proposed 

rule explains why exemptions are being 

claimed for this system of records and 

invites public comment, which DoD 

will consider before the issuance of a 

final rule implementing those 

exemptions. 

The DoD proposes to amend 32 CFR 

part 310 to add a new Privacy Act 

exemption rule for the DoD–0010, 

‘‘Counterintelligence Functional 

Services’’ system of records. In this 

proposed rulemaking, the Department 

proposes to exempt portions of this 

system of records from certain 

provisions of the Privacy Act because 

information in this system of records 

may fall within the scope of the 

following Privacy Act exemptions: 5 

U.S.C. 552a(k)(1), 5 U.S.C. 552a(k)(2), 

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

DoD proposes to exempt this system 

of records because these records may 

contain classified national security 

information and providing notice, 

access, amendment, and disclosure of 

accounting of those records to an 

individual, as well as certain recordkeeping requirements, may cause 

damage to national security. The 

Privacy Act, pursuant to 5 U.S.C. 

552a(k)(1), authorizes agencies to claim 

an exemption for systems of records that 

contain information properly classified 

pursuant to executive order. The DoD 

therefore is proposing to claim an 

exemption from several provisions of 

the Privacy Act, including various 

access, amendment, disclosure of 

accounting, and certain record-keeping 

and notice requirements, to prevent 

disclosure of any information properly 

classified pursuant to executive order, 

as implemented by DoD Instruction 

5200.01 and DoD Manual 5200.01, 

Volumes 1 and 3. 

The DoD is also proposing this 

exemption rule because this system of 

records may contain investigatory 

material compiled for law enforcement 

purposes within the scope of 5 U.S.C. 

552a(k)(2). This exemption allows DoD 

entities to claim an exemption for 

systems of records that contain 


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Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Proposed Rules 37775 

investigatory materials compiled for law 

enforcement purposes, other than 

material within the scope of 5 U.S.C. 

552a(j)(2), which describes certain 

material related to the enforcement of 

criminal laws maintained by principalfunction criminal law enforcement 

agencies. The Department therefore is 

proposing to claim an exemption from 

several provisions of the Privacy Act, 

including various access, amendment, 

disclosure of accounting, and certain 

record-keeping and notice requirements, 

to prevent, among other harms, the 

identification of actual or potential 

subjects of investigation and/or sources 

of investigative information and to 

avoid frustrating the underlying law 

enforcement purpose for which the 

records were collected. Finally, the DoD 

also proposes an exemption for this 

system of records because the records 

may contain information pertaining to 

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, but 

only to the extent that the disclosure of 

such material would reveal the identity 

of a source who furnished information 

to the Government under an express 

promise of confidentiality. The Privacy 

Act, pursuant to 5 U.S.C. 552a(k)(5) 

authorizes agencies to claim an 

exemption for systems of records 

containing information identifying 

confidential sources crucial to 

determining suitability for holding 

positions of trust. Accordingly, the DoD 

is proposing to claim an exemption from 

several provisions of the Privacy Act, 

including various access, amendment, 

disclosure of accounting, and certain 

record-keeping and notice requirements, 

to prevent the compromise of the 

identity of confidential sources within 

such investigatory material. 

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. A 

notice of a new system of records for 

DoD–0010, ‘‘Counterintelligence 

Functional Services,’’ is also published 

in this issue of the Federal Register. 

Regulatory Analysis 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. It has been determined that 

this proposed rule is not a significant 

regulatory action under these executive 

orders. 

Congressional Review Act 

This proposed rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

Public Law 96–354, ‘‘Regulatory 

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

The Assistant to the Secretary of 

Defense for Privacy, Civil Liberties, and 

Transparency certified that this 

proposed rule does not have significant 

economic impact on a substantial 

number of small entities because it is 

concerned only with the administration 

of a Privacy Act system of records 

within the DoD. 

Public Law 96–511, ‘‘Paperwork 

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

It has been determined that this 

proposed rule does not impose 

additional information collection 

requirements on the public under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been determined that this 

proposed rule 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 it will not significantly or 

uniquely affect small governments. 

Executive Order 13132, ‘‘Federalism’’ 

It has been determined that this 

proposed rule does not have federalism 

implications. This rule does 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. 

Executive Order 13175, ‘‘Consultation 

and Coordination With Indian Tribal 

Governments’’ 

Executive Order 13175 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

compliance costs on one or more Indian 

tribes, preempts tribal law, or effects the 

distribution of power and 

responsibilities between the federal 

government and Indian tribes. This 

proposed rule will not have a 

substantial effect on Indian tribal 

governments. 

List of Subjects in 32 CFR Part 310 

Privacy. 

Accordingly, 32 CFR part 310 is 

proposed to be 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)(8) to read as 

follows: 

§ 310.13 Exemptions for DoD-wide 

systems. 

* * * * * 

(e) * * * 

(8) System identifier and name. DoD– 

0010, ‘‘Counterintelligence Functional 

Services’’ 

(i) Exemptions. This system of records 

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

(d)(1), (2), (3), and (4); (e)(1); (e)(4)(G), 

(H), and (I); and (f) of the Privacy Act. 

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

(k)(2), and (k)(5). 

(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). Records in this 

system of records may contain 

information concerning individuals 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)(2). Records in this 

system of records may contain 

investigatory material compiled for law 

enforcement purposes other than 

material within the scope of 5 U.S.C. 

552a(j)(2). Application of exemption 

(k)(2) may be necessary because access 

to, amendment of, or release of the 

accounting of disclosures of such 

records could: inform the record subject 

of an investigation of the existence, 

nature, or scope of an actual or potential 

law enforcement or disciplinary 

investigation, and thereby seriously 

impede law enforcement or 


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37776 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Proposed Rules 

prosecutorial efforts by permitting the 

record subject and other persons to 

whom he might disclose the records or 

the accounting of records to avoid 

criminal penalties, civil remedies, or 

disciplinary measures; interfere with a 

civil or administrative action or 

investigation by allowing the subject to 

tamper with witnesses or evidence, and 

to avoid detection or apprehension, 

which may undermine the entire 

investigatory process; reveal 

confidential sources who might not 

have otherwise come forward to assist 

in an investigation and thereby hinder 

DoD’s ability to obtain information from 

future confidential sources; and result 

in an unwarranted invasion of the 

privacy of others. Amendment of such 

records could also impose a highly 

impracticable administrative burden by 

requiring investigations to be 

continuously reinvestigated. 

(3) Exemption (k)(5). Records in this 

system of records may contain 

information concerning investigatory 

material compiled solely for 

determining suitability, eligibility, and 

qualifications for Federal civilian 

employment, military service, Federal 

contracts, or access to classified 

information. In some cases, such records 

may contain information pertaining to 

the identity of a source who furnished 

information to the Government under an 

express promise that the source’s 

identity would be held in confidence (or 

prior to the effective date of the Privacy 

Act, under an implied promise). 

Application of exemption (k)(5) may be 

necessary because access to, amendment 

of, or release of the accounting of 

disclosures of such records could 

identify these confidential sources who 

might not have otherwise come forward 

to assist the Government; hinder the 

Government’s ability to obtain 

information from future confidential 

sources; and result in an unwarranted 

invasion of the privacy of others. 

Amendment of such records could also 

impose a highly impracticable 

administrative burden by requiring 

investigations to be continuously 

reinvestigated. 

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

subsections are inapplicable to the 

extent an exemption is claimed from 

subsections (d)(1) and (2). 

(C) Subsection (e)(1). In the collection 

of information for investigatory or law 

enforcement purposes, it is not always 

possible to conclusively determine the 

relevance and necessity of particular 

information in the early stages of the 

investigation or adjudication. In some 

instances, it will be only after the 

collected information is evaluated in 

light of other information that its 

relevance and necessity for effective 

investigation and adjudication can be 

assessed. Collection of such information 

permits more informed decision-making 

by the Department when making 

required suitability, eligibility, fitness, 

and credentialing determinations. 

Accordingly, application of exemptions 

(k)(1), (k)(2) and (k)(5) may be 

necessary. 

(D) Subsections (e)(4)(G) and (H). 

These subsections are inapplicable to 

the extent exemption is claimed from 

subsections (d)(1) and (2). Because 

portions of this system are exempt from 

the individual access and amendment 

provisions of subsection (d) for the 

reasons noted above, DoD is not 

required to establish requirements, 

rules, or procedures with respect to 

such access or amendment provisions. 

Providing notice to individuals with 

respect to the existence of records 

pertaining to them in the system of 

records or otherwise setting up 

procedures pursuant to which 

individuals may access, view, and seek 

to amend records pertaining to 

themselves in the system would 

potentially reveal classified information, 

undermine investigative efforts, reveal 

the identities of witnesses, potential 

witnesses, and confidential informants, 

and impose an undue administrative 

burden by requiring investigations to be 

continually reinvestigated. Accordingly, 

application of exemptions (k)(1), (k)(2) 

and (k)(5) may be necessary. 

(E) Subsection (e)(4)(I). To the extent 

that this provision is construed to 

require more detailed disclosure than 

the broad, general information currently 

published in the system notice 

concerning the categories of sources of 

the records in the system, an exemption 

from this provision is necessary to 

protect classified information, other 

national security information, and the 

confidentiality of national security, law 

enforcement, and investigatory sources 

of information, and to protect the 

privacy and physical safety of witnesses 

and informants. Accordingly, 

application of exemptions (k)(1), (k)(2) 

and (k)(5) may be necessary. 

(F) Subsection (f). The agency’s rules 

are inapplicable to those portions of the 

system that are exempt. Accordingly, 

application of exemptions (k)(1), (k)(2) 

and (k)(5) may be necessary. 

(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: June 21, 2022. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2022–13572 Filed 6–23–22; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0291; EPA–HQ– 

OAR–2021–0663; FRL–9651–01–R9] 

Approval of Air Quality State 

Implementation Plans; Arizona; 2015 

Ozone Interstate Transport 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Clean Air Act (CAA) 

requires each state implementation plan 

(SIP) to contain adequate provisions 

prohibiting emissions that will 

significantly contribute to 

nonattainment or interfere with 

maintenance of air quality in other 

states. The State of Arizona submitted a 

SIP revision to the Environmental 

Protection Agency (EPA) to address 

these requirements for the 2015 ozone 

national ambient air quality standards 

(NAAQS). The EPA is proposing to 

approve Arizona’s SIP submission as 

meeting the requirement that the 

Arizona SIP contain adequate 

provisions to prohibit emissions that 

will significantly contribute to 

nonattainment or interfere with 

maintenance of the 2015 ozone NAAQS 

in any other state. 

DATES: Any comments must arrive by 

July 25, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0291 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 


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