Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 53135 

ADDRESSES: Submit comments to the 

Maria A. Fried, General Counsel, 

Federal Mediation and Conciliation 

Service, 2100 K Street, NW., 

Washington, DC 20427. Comments may 

be submitted also by fax at (202) 606–

5345 or electronic mail (e-mail) to 

mfried@fmcs.gov. All comments and 

data in electronic form must be 

identified by the appropriate agency 

form number. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Fried, General Counsel and 

Federal Register Liaison, FMCS, 2100 K 

Street, NW., Washington, DC 20427. 

Telephone (202) 606–5444; Fax (202) 

606–5345. 

Dated: August 31, 2005. 

Maria A. Fried, 

General Counsel and Federal Register 

Contact. 

[FR Doc. 05–17648 Filed 9–6–05; 8:45 am] 

BILLING CODE 6732–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

Department of Defense Privacy 

Program 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense is 

proposing to update policies and 

responsibilities for the Defense Privacy 

Program which implements the Privacy 

Act of 1974 by showing organizational 

changes and realignments and by 

revising referenced statutory and 

regulatory authority. 

DATES: Comments must be received on 

or before November 7, 2005 to be 

considered by this agency. 

ADDRESSES: Send comments to the 

Director, Defense Privacy Office, 1901 

South Bell Street, Suite 920, Arlington, 

VA 22202–4512. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Vahan Moushegian, Jr., at (703) 607–

2943. 

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ‘‘Regulatory 

Planning and 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 this Executive order. 

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 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. 

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 310 

Privacy. 

Accordingly, 32 CFR part 310, 

Subpart A–DoD Policy, is proposed to 

be amended as follows: 

PART 310—DOD PRIVACY PROGRAM 

1. The authority citation for 32 CFR 

part 310 continues to read as follows: 

Authority: Pub. L. 93–579, 88 Stat 1896 (5 

U.S.C. 552a). 

2. Revise § 310.1 to read as follows: 

§ 310.1 Reissuance. 

This part is reissued to consolidate 

into a single document (32 CFR part 

310) Department of Defense (DoD) 

policies and procedures for 

implementing the Privacy Act of 1974, 

as amended (5 U.S.C. 552a) by 

authorizing the development, 

publication and maintenance of the DoD 

Privacy Program set forth by DoD 

Directive 5400.11, November 16, 2004, 

and 5400.11–R, August 31, 1983, both 

entitled: ‘‘DoD Privacy Program.’’

3. Amend § 310.3 by revising 

paragraph (a) to read as follows: 

§ 310.3 Applicability and scope. 

(a) Applies to the Office of the 

Secretary of Defense (OSD), the Military 

Departments, the Chairman of the Joint 

Chiefs of Staff, the Combatant 

Commands, the Office of the Inspector 

General of the Department of Defense 

(IG, DoD), the Defense Agencies, the 

DoD Field Activities, and all other 

organizational entities in the 

Department of Defense (hereinafter 

referred to collectively as ‘‘the DoD 

Components’’). This part is mandatory 

for use by all DoD Components. Heads 

of DoD Components may issue 

supplementary instructions only when 

necessary to provide for unique 

requirements within their Components. 

Such instructions will not conflict with 

the provisions of this part. 

* * * * * 

4. Amend § 310.4 by revising the 

definition of Individual to read as 

follows: 

§ 310.4 Definitions. 

* * * * * 

Individual. A living person who is a 

citizen of the United States or an alien 

lawfully admitted for permanent 

residence. The parent of a minor or the 

legal guardian of any individual also 

may act on behalf of an individual. 

Members of the United States Armed 

Forces are individuals. Corporations, 

partnerships, sole proprietorships, 

professional groups, businesses, 

whether incorporated or 

unincorporated, and other commercial 

entities are not individuals. 

* * * * * 

5. Amend § 310.5 as follows: 

a. Remove the introductory text; 

b. Revise paragraphs (a) and (g); 

c. Add paragraph (j) to read as 

follows: 

53136 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

§ 310.5 Policy. 

(a) The privacy of an individual is a 

personal and fundamental right that 

shall be respected and protected. 

* * * * * 

(g) Disclosure of records pertaining to 

personnel of the National Security 

Agency, the Defense Intelligence 

Agency, the National Reconnaissance 

Office, and the National GeospatialIntelligence Agency shall be prohibited 

to the extent authorized by Public Law 

86–36 (1959) and 10 U.S.C. 424. 

Disclosure of records pertaining to 

personnel of overseas, sensitive, or 

routinely deployable units shall be 

prohibited to the extent authorized by 

10 U.S.C. 130b. Disclosure of medical 

records is prohibited except as 

authorized by DoD 6025.18–R. 

* * * * * 

(j) DoD Field Activities shall receive 

Privacy Program support from the 

Director, Washington Headquarters 

Services. 

6. Amend § 310.6 as follows: 

a. Revise paragraphs (a)(4), (b), (c) 

introductory text, (c)(3), (d) introductory 

text and (d)(5); 

b. Add paragraph (a)(5[d3]) to read as 

follows: 

§ 310.6 Responsibilities. 

(a) * * * 

(4) Serve as the Chair to the Defense 

Privacy Board and Defense Data 

Integrity Board (§ 310.9). 

(5) Supervise and oversee the 

activities of the Defense Privacy Office 

(§ 310.9). 

(b) The Director, Washington 

Headquarters Services, under the 

DA&M, OSD, shall provide Privacy 

Program support for DoD Field 

Activities. 

(c) The General Counsel of the 

Department of Defense (GC, DoD) shall: 

* * * * * 

(3) Serve as a member of the Defense 

Privacy Board, the Defense Data 

Integrity Board, the Defense Privacy 

Board Legal Committee (§ 310.9). 

(d) The Secretaries of the Military 

Departments and the Heads of the Other 

DoD Components, except as noted in 

§ 310.5(j), shall: 

* * * * * 

(5) Submit reports, consistent with the 

requirements of DoD 5400.11–R, as 

mandated by 5 U.S.C. 552a and OMB 

Circular A–130, and as otherwise 

directed by the Defense Privacy Office. 

* * * * * 

7. Amend § 310.9 as follows: 

a. Revise paragraphs (a)(1), (b)(1), 

(c)(1); 

b. Redesignate the second paragraph 

(c) as a new paragraph (d); 

c. Revise newly redesignated (d)(1)(vi) 

and (d)(1)(x) to read as follows: 

§ 310.9 Privacy boards and office 

composition and responsibilities. 

(a) * * * 

(1) Membership. The Board shall 

consist of the DA&M, OSD, who shall 

serve as the Chair; the Director of the 

Defense Privacy Office, DA&M, who 

shall serve as the Executive Secretary 

and as a member; The representatives 

designated by the Secretaries of the 

Military Departments; and the following 

officials or their designees: The Deputy 

Under Secretary of Defense for Program 

Integration (DUSD(PI)); the Assistant 

Secretary of Defense for Health Affairs; 

the Assistant Secretary of Defense for 

Networks and Information Integration 

(ASD(NII)/Chief Information Officer 

(CIO); the Director, Executive Services 

and Communications Directorate, 

Washington Headquarters Services 

(WHS); the GC, DoD; and the Director 

for Information Technology 

Management Directorate (ITMD), WHS. 

The designees also may be the principal 

point of contact for the DoD Component 

for privacy matters. 

* * * * * 

(b) * * * 

(1) Membership. The Board shall 

consist of the DA&M, OSD, who shall 

serve as the Chair; the Director of the 

Defense Privacy Office, DA&M, who 

shall serve as the Executive Secretary; 

and the following officials or their 

designees: The representatives 

designated by the Secretaries of the 

Military Departments; the DUSD(PI); the 

ASD(NII)/CIO; the GC, DoD; the 

Inspector General, DoD; the ITMD, 

WHS; and the Director, Defense 

Manpower Data Center. The designees 

also may be the principal points of 

contact for the DoD Component for 

privacy matters. 

* * * * * 

(c) * * * 

(1) The Committee shall consist of the 

Director, Defense Privacy Office, DA&M, 

who shall serve as the Chair and the 

Executive Secretary; the GC, DoD, or 

designee; and civilian and/or military 

counsel from each of the DoD 

Components. The General Counsels 

(GCs) and The Judge Advocates General 

of the Military Departments shall 

determine who shall provide 

representation for their respective 

Department to the Committee. This does 

not preclude representation from each 

office. The GCs of the other DoD 

Components shall provide legal 

representation to the Committee. Other 

DoD civilian or military counsel may be 

appointed by the Executive Secretary, 

after coordination with the DoD 

Component concerned, to serve on the 

Committee on those occasions when 

specialized knowledge or expertise shall 

be required. 

* * * * * 

(d) The Defense Privacy Office. 

(1) * * * 

(vi) Review proposed DoD Component 

privacy rulemaking, to include 

submission of the rule to the Office of 

the Federal Register for publication and 

providing OMB and the Congress 

reports, consistent with 5 U.S.S. 552a, 

OMB Circular A–130, and DoD 5400.11–

R. 

* * * * * 

(x) Compile and submit the ‘‘Biennial 

Matching Activity Report’’ to the OMB 

as required by OMB Circular A–130 and 

DoD 5400.11–R, and such other reports 

as required. 

* * * * * 

Dated: August 31, 2005. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 05–17646 Filed 9–6–05; 8:45 am] 

BILLING CODE 5001–08–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[IB Docket No. 05–254; FCC 05–152] 

Modifying the Commission’s Process 

To Avert Harm to U.S. Competition and 

U.S. Customers Caused by 

Anticompetitive Conduct 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document is a summary 

of the Notice of Inquiry that was 

adopted by the Commission. The Notice 

of Inquiry seeks comment on ways to 

address a developing concern in the 

U.S.-international telecommunications 

market: the use of circuit blockages or 

disruptions by foreign carriers as a way 

to compel U.S. carriers to agree to 

settlement rate increases. The record 

developed by this Notice on Inquiry 

would assist the Commission in 

determining whether to propose 

changes to current Commission policy 

and procedure in order to ensure that 

U.S. consumers benefit from 

competitive prices as they make 

international calls. 

DATES: Submit comments on or before 

October 7, 2005, and submit reply 

comments on or before October 27, 

2005.