Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations 25561

remedies, such as redress or

disgorgement. Any necessary

administrative or district court actions

would also serve to provide industry

members with additional guidance

about what practices are unfair or

deceptive.

In addition, the Commission has

concluded that including belts in the

proposed Guides and eliminating the

Rule reduces duplication and

streamlines the regulatory scheme,

thereby responding to President

Clinton’s National Regulatory

Reinvention Initiative, which, among

other things, urges agencies to eliminate

obsolete or unnecessary regulations.

Accordingly, the Commission has

determined that a separate Leather Belt

Rule is not necessary and hereby

announces the repeal of the Rule.

III. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA),

5 U.S.C. 601–11, requires an analysis of

the anticipated impact of the repeal of

the Rule on small businesses. The

reasons for repeal of the Rule have been

explained in this Notice. Repeal of the

Rule would appear to have little or no

effect on small business. The

Commission did not receive any

information in response to the ANPR

and NPR that supports a different

conclusion. Moreover, the commission

is not aware of any existing federal laws

and regulations that would conflict with

repeal of the Rule. For these reasons, the

Commission certifies, pursuant to

Section 605 of the RFA, 5 U.S.C. 605,

that this action will not have a

significant economic impact on a

substantial number of small entities.

IV. Paperwork Reduction Act

The Leather Belt Rule imposes thirdparty disclosure requirements that

constitute ‘‘information collection

requirements’’ under the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.

Accordingly, repeal of the Rule would

eliminate any burdens on the public

imposed by these disclosure

requirements.

List of Subjects in 16 CFR Part 405

Advertising, Clothing, Labeling,

Leather and leather products industry,

Trade practices.

PART 405—[REMOVED]

The Commission, under authority of

Section 18 of the Federal Trade

Commission Act, 15 U.S.C. 57a, amends

chapter 1 of title 16 of the Code of

Federal Regulations by removing Part

405.

Authority: 15 U.S.C. 41–58.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 96–12817 Filed 5–21–96; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF DEFENSE

Defense Finance and Accounting

Service

32 CFR Part 324

[DFAS Reg. 5400.11–R]

DFAS Privacy Act Program

AGENCY: Defense Finance and

Accounting Service, DOD.

ACTION: Final rule.

SUMMARY: This rule establishes the

Defense Finance and Accounting

Service Privacy Act Program. The

Defense Finance and Accounting

Service (DFAS) was established to

provide finance and accounting services

for the DoD Components and other

Federal activities, as designated by the

Comptroller, DoD.

The Defense Finance and Accounting

Service was activated on January 15,

1991, to improve the overall

effectiveness of DoD financial

management through the consolidation,

standardization and integration of

finance and accounting systems,

procedures and operations. DFAS is also

responsible for identifying and

implementing finance and accounting

requirements, systems and functions for

appropriated and non-appropriated

funds, as well as working capital,

revolving funds and trust fund

activities--including security assistance.

EFFECTIVE DATE: May 1, 1996.

FOR FURTHER INFORMATION CONTACT: Ms.

Genevieve Turney (703) 607–5165 or

DSN 327–5165.

SUPPLEMENTARY INFORMATION: Executive

Order 12866. The Director,

Administration and Management, Office

of the Secretary of Defense has

determined that this Privacy Act rule for

the Department of Defense does not

constitute ‘significant regulatory action’.

Analysis of the rule indicates that it

does not have an annual effect on the

economy of $100 million or more; does

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; does not

materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; does not raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866 (1993).

Regulatory Flexibility Act of 1980. The

Director, Administration and

Management, Office of the Secretary of

Defense certifies that this Privacy Act

rule for the Department of Defense does

not have significant economic impact on

a substantial number of small entities

because it is concerned only with the

administration of Privacy Act systems of

records within the Department of

Defense.

Paperwork Reduction Act. The

Director, Administration and

Management, Office of the Secretary of

Defense certifies that this Privacy Act

rule for the Department of Defense

imposes 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.

This rule establishes the Defense

Finance and Accounting Service (DFAS)

Privacy Act Program. DFAS was

established to provide finance and

accounting services for the DoD

Components and other Federal

activities, as designated by the

Comptroller, DoD. The proposed rule

was previously published on March 1,

1996, at 61 FR 8003. No comments were

received resulting in any contrary

determinations, therefore, DFAS is

adopting the rule as published.

List of subjects in 32 CFR part 324

Privacy.

Accordingly, 32 CFR part 324 is

added to read as follows:

PART 324–DFAS PRIVACY ACT

PROGRAM

Subpart A–General Information

324.1 Issuance and purpose.

324.2 Applicability and scope.

324.3 Policy.

324.4 Responsibilities.

Subpart B–Systems of Records

324.5 General information.

324.6 Procedural rules.

324.7 Exemption rules.

Subpart C–Individual Access to Records

324.8 Right of access.

324.9 Notification of record’s existence.

324.10 Individual requests for access.

324.11 Denials.

324.12 Granting individual access to records

324.13 Access to medical and psychological

records.

324.14 Relationship between the Privacy Act

and the Freedom of Information Act.

Appendix A to part 324 – DFAS Reporting

Requirements
25562 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations

1Copies may be obtained at cost from the

National Technical Information Service, 5285 Port

Royal Road, Springfield, VA 22161.

Appendix B to part 324 – System of Records

Notice

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

U.S.C. 552a).

Subpart A – General information

§ 324.1 Issuance and purpose.

The Defense Finance and Accounting

Service fully implements the policy and

procedures of the Privacy Act and the

DoD 5400.11-R1, ‘Department of

Defense Privacy Program’ (see 32 CFR

part 310). This regulation supplements

the DoD Privacy Program only to

establish policy for the Defense Finance

and Accounting Service (DFAS) and

provide DFAS unique procedures.

§ 324.2 Applicability and scope.

This regulation applies to all DFAS,

Headquarters, DFAS Centers, the

Financial System Organization (FSO),

and other organizational components. It

applies to contractor personnel who

have entered a contractual agreement

with DFAS. Prospective contractors will

be advised of their responsibilities

under the Privacy Act Program.

§ 324.3 Policy.

DFAS personnel will comply with the

Privacy Act of 1974, the DoD Privacy

Program and the DFAS Privacy Act

Program. Strict adherence is required to

ensure uniformity in the

implementation of the DFAS Privacy

Act Program and to create conditions

that will foster public trust. Personal

information maintained by DFAS

organizational elements will be

safeguarded. Information will be made

available to the individual to whom it

pertains to the maximum extent

practicable. Specific DFAS policy is

provided for Privacy Act training,

responsibilities, reporting procedures

and implementation requirements.

DFAS Components will not define

policy for the Privacy Act Program.

§ 324.4 Responsibilities.

(a) Director, DFAS.

(1) Ensures the DFAS Privacy Act

Program is implemented at all DFAS

locations.

(2) The Director, DFAS, will be the

Final Denial Appellate Authority. This

authority may be delegated to the

Director for Resource Management.

(3) Appoints the Director for External

Affairs and Administrative Support, or

a designated replacement, as the DFAS

Headquarters Privacy Act Officer.

(b) DFAS Headquarters General

Counsel.

(1) Ensures uniformity is maintained

in legal rulings and interpretation of the

Privacy Act.

(2) Consults with DoD General

Counsel on final denials that are

inconsistent with other final decisions

within DoD. Responsible to raise new

legal issues of potential significance to

other Government agencies.

(3) Provides advice and assistance to

the DFAS Director, Center Directors,

and the FSO as required, in the

discharge of their responsibilities

pertaining to the Privacy Act.

(4) Acts as the DFAS focal point on

Privacy Act litigation with the

Department of Justice.

(5) Reviews Headquarters’ denials of

initial requests and appeals.

(c) DFAS Center Directors.

(1) Ensures that all DFAS Center

personnel, all personnel at subordinate

levels, and contractor personnel

working with personal data comply

with the DFAS Privacy Act Program.

(2) Serves as the DFAS Center Initial

Denial Authority for requests made as a

result of denying release of requested

information at locations within DFAS

Center authority. Initial denial authority

may not be redelegated. Initial denial

appeals will be forwarded to the

appropriate DFAS Center marked to the

attention of the DFAS Center Initial

Denial Authority.

(d) Director, FSO.

(1) Ensures that FSO and subordinate

personnel and contractors working with

personal data comply with the Privacy

Act Program.

(2) Serves as the FSO Initial Denial

Authority for requests made as a result

of denying release of requested

information at locations within FSO

authority. FSO Initial denial authority

may not be redelegated.

(3) Appoints a Privacy Act Officer for

the FSO and each Financial System

Activity (FSA).

(e) DFAS Headquarters Privacy Act

Officer.

(1) Establishes, issues and updates

policy for the DFAS Privacy Act

Program and monitors compliance.

Serves as the DFAS single point of

contact on all matters concerning

Privacy Act policy. Resolves any

conflicts resulting from implementation

of the DFAS Privacy Act Program

policy.

(2) Serves as the DFAS single point of

contact with the Department of Defense

Privacy Office. This duty may be

delegated.

(3) Ensures that the collection,

maintenance, use and/or dissemination

of records of identifiable personal

information is for a necessary and

lawful purpose, that the information is

current and accurate for the intended

use and that adequate security

safeguards are provided.

(4) Monitors system notices for agency

systems of records. Ensures that new,

amended, or altered notices are

promptly prepared and published.

Reviews all notices submitted by the

DFAS Privacy Act Officers for

correctness and submits same to the

Department of Defense Privacy Office

for publication in the Federal Register.

Maintains and publishes a listing of

DFAS Privacy Act system notices.

(5) Establishes DFAS Privacy Act

reporting requirement due dates.

Compiles all Agency reports and

submits the completed annual report to

the Defense Privacy Office. DFAS

reporting requirements are provided in

Appendix A to this part.

(6) Conducts annual Privacy Act

Program training for DFAS Headquarters

(HQ) personnel. Ensures that

subordinate DFAS Center and FSO

Privacy Act Officers fulfill annual

training requirements.

(f) FSO and Financial System

Activities (FSAs) Legal Support. The

FSO and subordinate FSA

organizational elements will be

supported by the appropriate DFAS-HQ

or DFAS Center General Counsel office.

(g) DFAS Center(s) Assistant General

Counsel.

(1) Ensures uniformity is maintained

in legal rulings and interpretation of the

Privacy Act and this regulation.

Consults with the DFAS-HQ General

Counsel as required.

(2) Provides advice and assistance to

the DFAS Center Director and the FSA

in the discharge of his/her

responsibilities pertaining to the Privacy

Act.

(3) Coordinates on DFAS Center and

the FSA denials of initial requests.

(h) DFAS Center Privacy Act Officer.

(1) Implements and administers the

DFAS Privacy Act Program for all

personnel, to include contractor

personnel, within the Center, Operating

Locations (OpLocs) and Defense

Accounting Offices (DAOs).

(2) Ensures that the collection,

maintenance, use, or dissemination of

records of identifiable personal

information is in a manner that assures

that such action is for a necessary and

lawful purpose; the information is

timely and accurate for its intended use;

and that adequate safeguards are

provided to prevent misuse of such

information. Advises the Program

Manager that systems notices must be

published in the Federal Register prior

to collecting or maintenance of the

information. Submits system notices to

the DFAS-HQ Privacy Act Officer for
Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations 25563

2Copies may be obtained at cost from the

Superintendent of Documents, P.O. Box 37195,

Pittsburgh, PA 15250–7954.

3See footnote 2 to § 324.4(m)(1)

review and subsequent submission to

the Department of Defense Privacy

Office.

(3) Administratively controls and

processes Privacy Act requests. Ensures

that the provisions of this regulation

and the DoD Privacy Act Program are

followed in processing requests for

records. Ensures all Privacy Act requests

are promptly reviewed. Coordinates the

reply with other organizational elements

as required.

(4) Prepares denials and partial

denials for the Center Director’s

signature and obtain required

coordination with the assistant General

Counsel. Responses will include written

justification citing a specific exemption

or exemptions.

(5) Prepares input for the annual

Privacy Act Report as required using the

guidelines provided in Appendix A to

this part.

(6) Conducts training on the DFAS

Privacy Act Program for Center

personnel.

(i) FSO Privacy Act Officer.

(1) Implements and administers the

DFAS Privacy Act Program for all

personnel, to include contractor

personnel, within the FSO.

(2) Ensures that the collection,

maintenance, use, or dissemination of

records of identifiable personal

information is in a manner that assures

that such action is for a necessary and

lawful purpose; the information is

timely and accurate for its intended use;

and that adequate safeguards are

provided to prevent misuse of such

information. Advises the Program

Manager that systems notices must be

published in the Federal Register prior

to collecting or maintenance of the

information. Submits system notices to

the DFAS-HQ Privacy Act Officer for

review and subsequent submission to

the Department of Defense Privacy

Office.

(3) Administratively controls and

processes Privacy Act requests. Ensures

that the provisions of this regulation

and the DoD Privacy Act Program are

followed in processing requests for

records. Ensure all Privacy Act requests

are promptly reviewed. Coordinate the

reply with other organizational elements

as required.

(4) Prepares denials and partial

denials for signature by the Director,

FSO and obtains required coordination

with the assistant General Counsel.

Responses will include written

justification citing a specific exemption

or exemptions.

(5) Prepares input for the annual

Privacy Act Report (RCS: DD

DA&M(A)1379) as required using the

guidelines provided in Appendix A to

this part.

(6) Conducts training on the DFAS

Privacy Act Program for FSO personnel.

(j) DFAS employees.

(1) Will not disclose any personal

information contained in any system of

records, except as authorized by this

regulation.

(2) Will not maintain any official files

which are retrieved by name or other

personal identifier without first

ensuring that a system notice has been

published in the Federal Register.

(3) Reports any disclosures of

personal information from a system of

records or the maintenance of any

system of records not authorized by this

regulation to the appropriate Privacy

Act Officer for action.

(k) DFAS system managers (SM).

(1) Ensures adequate safeguards have

been established and are enforced to

prevent the misuse, unauthorized

disclosure, alteration, or destruction of

personal information contained in

system records.

(2) Ensures that all personnel who

have access to the system of records or

are engaged in developing or

supervising procedures for handling

records are totally aware of their

responsibilities to protect personal

information established by the DFAS

Privacy Act Program.

(3) Evaluates each new proposed

system of records during the planning

stage. The following factors should be

considered:

(i) Relationship of data to be collected

and retained to the purpose for which

the system is maintained. All

information must be relevant to the

purpose.

(ii) The impact on the purpose or

mission if categories of information are

not collected. All data fields must be

necessary to accomplish a lawful

purpose or mission.

(iii) Whether informational needs can

be met without using personal

identifiers.

(iv) The disposition schedule for

information.

(v) The method of disposal.

(vi) Cost of maintaining the

information.

(4) Complies with the publication

requirements of DoD 5400.11-R,

‘Department of Defense Privacy

Program’ (see 32 CFR part 310). Submits

final publication requirements to the

appropriate DFAS Privacy Act Officer.

(l) DFAS program manager(s).

Reviews system alterations or

amendments to evaluate for relevancy

and necessity. Reviews will be

conducted annually and reports

prepared outlining the results and

corrective actions taken to resolve

problems. Reports will be forwarded to

the appropriate Privacy Act Officer.

(m) Federal government contractors.

When a DFAS organizational element

contracts to accomplish an agency

function and performance of the

contract requires the operation of a

system of records or a portion thereof,

DoD 5400.11-R, ‘Department of Defense

Privacy Program’ (see 32 CFR part 310)

and this part apply. For purposes of

criminal penalties, the contractor and its

employees shall be considered

employees of DFAS during the

performance of the contract.

(1) Contracting Involving Operation of

Systems of Records. Consistent with

Federal Acquisition Regulation (FAR) 2

and the DoD Supplement to the Federal

Acquisition Regulation (DFAR) 3, Part

224.1, contracts involving the operation

of a system of records or portion thereof

shall specifically identify the record

system, the work to be performed and

shall include in the solicitations and

resulting contract such terms

specifically prescribed by the FAR and

DFAR.

(2) Contracting. For contracting

subject to this part, the Agency shall:

(i) Informs prospective contractors of

their responsibilities under the DFAS

Privacy Act Program.

(ii) Establishes an internal system for

reviewing contractor performance to

ensure compliance with the DFAS

Privacy Act Program.

(3) Exceptions. This rule does not

apply to contractor records that are:

(i) Established and maintained solely

to assist the contractor in making

internal contractor management

decisions, such as records maintained

by the contractor for use in managing

the contract.

(ii) Maintained as internal contractor

employee records, even when used in

conjunction with providing goods or

services to the agency.

(4) Contracting procedures. The

Defense Acquisition Regulatory Council

is responsible for developing the

specific policies and procedures for

soliciting, awarding, and administering

contracts.

(5) Disclosing records to contractors.

Disclosing records to a contractor for

use in performing a DFAS contract is

considered a disclosure within DFAS.

The contractor is considered the agent

of DFAS when receiving and

maintaining the records for the agency.
25564 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations

Subpart B – Systems of Records

§ 324.5 General information.

(a) The provisions of DoD 5400.11-R,

‘Department of Defense Privacy

Program’ (see 32 CFR part 310) apply to

all DFAS systems of records. DFAS

Privacy Act Program Procedural Rules,

DFAS Exemption Rules and System of

Record Notices are the three types of

documents relating to the Privacy Act

Program that must be published in the

Federal Register.

(b) A system of records used to

retrieve records by a name or some other

personal identifier of an individual

must be under DFAS control for

consideration under this regulation.

DFAS will maintain only those Systems

of Records that have been described

through notices published in the

Federal Register.

(1) First amendment guarantee. No

records will be maintained that describe

how individuals exercise their rights

guaranteed by the First Amendment

unless maintenance of the record is

expressly authorized by Statute, the

individual or for an authorized law

enforcement purpose.

(2) Conflicts. In case of conflict, the

provisions of DoD 5400.11-R take

precedence over this supplement or any

DFAS directive or procedure concerning

the collection, maintenance, use or

disclosure of information from

individual records.

(3) Record system notices. Record

system notices are published in the

Federal Register as notices and are not

subject to the rule making procedures.

The public must be given 30 days to

comment on any proposed routine uses

prior to implementing the system of

record.

(4) Amendments. Amendments to

system notices are submitted in the

same manner as the original notices.

§ 324.6 Procedural rules.

DFAS procedural rules (regulations

having a substantial and direct impact

on the public) must be published in the

Federal Register first as a proposed rule

to allow for public comment and then

as a final rule. Procedural rules will be

submitted through the appropriate

DFAS Privacy Act Officer to the

Department of Defense Privacy Office.

Appendix B to this part provides the

correct format. Guidance may be

obtained from the DFAS-HQ and DFAS

Center Records Managers on the

preparation of procedural rules for

publication.

§ 324.7 Exemption rules.

(a) Submitting proposed exemption

rules. Each proposed exemption rule

submitted for publication in the Federal

Register must contain: The agency

identification and name of the record

system for which an exemption will be

established; The subsection(s) of the

Privacy Act which grants the agency

authority to claim an exemption for the

system; The particular subsection(s) of

the Privacy Act from which the system

will be exempt; and the reasons why an

exemption from the particular

subsection identified in the preceding

subparagraph is being claimed. No

exemption to all provisions of the

Privacy Act for any System of records

will be granted. Only the Director,

DFAS may make a determination that an

exemption should be established for a

system of record.

(b) Submitting exemption rules for

publication. Exemption rules must be

published in the Federal Register first

as proposed rules to allow for public

comment, then as final rules. No system

of records shall be exempt from any

provision of the Privacy Act until the

exemption rule has been published in

the Federal Register as a final rule. The

DFAS Privacy Act Officer will submit

proposed exemption rules, in proper

format, to the Defense Privacy Office, for

review and submission to the Federal

Register for publication. Amendments

to exemption rules are submitted in the

same manner as the original exemption

rules.

(c) Exemption for classified records.

Any record in a system of records

maintained by the Defense Finance and

Accounting Service which falls within

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

may be exempt from the following

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

(e)(1), (e)(4)(G)-(e)(4)(I) and (f) to the

extent that a record system contains any

record properly classified under

Executive Order 12589 and that the

record is required to be kept classified

in the interest of national defense or

foreign policy. This specific exemption

rule, claimed by the Defense Finance

and Accounting Service under authority

of 5 U.S.C. 552a(k)(1), is applicable to

all systems of records maintained,

including those individually designated

for an exemption herein as well as those

not otherwise specifically designated for

an exemption, which may contain

isolated items of properly classified

information

(1) General exemptions. (Reserved)

(2) Specific exemptions. (Reserved)

Subpart C – Individual Access to

Records

§ 324.8 Right of access.

The provisions of DoD 5400.11-R,

‘Department of Defense Privacy

Program’ (see 32 CFR part 310) apply to

all DFAS personnel about whom records

are maintained in systems of records.

All information that can be released

consistent with applicable laws and

regulations should be made available to

the subject of record.

§ 324.9 Notification of record’s existence.

All DFAS Privacy Act Officers shall

establish procedures for notifying an

individual, in response to a request, if

the system of records contains a record

pertaining to him/her.

§ 324.10 Individual requests for access.

Individuals shall address requests for

access to records to the appropriate

Privacy Act Officer by mail or in person.

Requests for access should be

acknowledged within 10 working days

after receipt and provided access within

30 working days. Every effort will be

made to provide access rapidly;

however, records cannot usually be

made available for review on the day of

request. Requests must provide

information needed to locate and

identify the record, such as individual

identifiers required by a particular

system, to include the requester’s full

name and social security number.

§ 324.11 Denials.

Only a designated denial authority

may deny access. The denial must be in

writing.

§ 324.12 Granting individual access to

records.

(a) The individual should be granted

access to the original record (or exact

copy) without any changes or deletions.

A record that has been amended is

considered the original.

(b) The DFAS component that

maintains control of the records will

provide an area where the records can

be reviewed. The hours for review will

be set by each DFAS location.

(c) The custodian will require

presentation of identification prior to

providing access to records. Acceptable

identification forms include military or

government civilian identification

cards, driver’s license, or other similar

photo identification documents.

(d) Individuals may be accompanied

by a person of their own choosing when

reviewing the record; however, the

custodian will not discuss the record in

the presence of the third person without

written authorization.

(e) On request, copies of the record

will be provided at a cost of $.15 per

page. Fees will not be assessed if the

cost is less that $30.00. Individuals

requesting copies of their official

personnel records are entitled to one
Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations 25565

4Copies available from the Office of Personnel

Management, 1900 E. Street, Washington, DC

20415.

free copy and then a charge will be

assessed for additional copies.

§ 324.13 Access to medical and

psychological records.

Individual access to medical and

psychological records should be

provided, even if the individual is a

minor, unless it is determined that

access could have an adverse effect on

the mental or physical health of the

individual. In this instance, the

individual will be asked to provide the

name of a personal physician, and the

record will be provided to that

physician in accordance with guidance

in Department of Defense 5400.11-R,

‘Department of Defense Privacy

Program’ (see 32 CFR part 310).

§ 324.14 Relationship between the Privacy

Act and the Freedom of Information Act.

Access requests that specifically state

or reasonably imply that they are made

under FOIA, are processed pursuant to

the DFAS Freedom of Information Act

Regulation. Access requests that

specifically state or reasonably imply

that they are made under the PA are

processed pursuant to this regulation.

Access requests that cite both the FOIA

and the PA are processed under the Act

that provides the greater degree of

access. Individual access should not be

denied to records otherwise releasable

under the PA or the FOIA solely

because the request does not cite the

appropriate statute. The requester

should be informed which Act was used

in granting or denying access.

Appendix A to part 324–DFAS Reporting

Requirements

By February 1, of each calendar year,

DFAS Centers and Financial Systems

Organizations will provide the DFAS

Headquarters Privacy Act Officer with

the following information:

1. Total Number of Requests for

Access:

a. Number granted in whole:

b. Number granted in part:

c. Number wholly denied:

d. Number for which no record was

found:

2. Total Number of Requests to

Amend Records in the System:

a. Number granted in whole:

b. Number granted in part:

c. Number wholly denied:

3. The results of reviews undertaken

in response to paragraph 3a of

Appendix I to OMB Circular A-130 4.

Appendix B to part 324–System of Records

Notice

The following data captions are

required for each system of records

notice published in the Federal

Register. An explanation for each

caption is provided.

1. System identifier. The system

identifier must appear in all system

notices. It is limited to 21 positions,

including agency code, file number,

symbols, punctuation, and spaces.

2. Security classification. Self

explanatory. (DoD does not publish this

caption. However, each agency is

responsible for maintaining the

information.)

3. System name. The system name

must indicate the general nature of the

system of records and, if possible, the

general category of individuals to whom

it pertains. Acronyms should be

established parenthetically following

the first use of the name (e.g., ‘Field

Audit Office Management Information

System (FMIS)’). Acronyms shall not be

used unless preceded by such an

explanation. The system name may not

exceed 55 character positions, including

punctuation and spaces.

4. Security classification. This

category is not published in the Federal

Register but is required to be kept by the

Headquarters Privacy Act Officer.

5. System location. a. For a system

maintained in a single location, provide

the exact office name, organizational

identity, routing symbol, and full

mailing address. Do not use acronyms in

the location address.

b. For a geographically or

organizationally decentralized system,

describe each level of organization or

element that maintains a portion of the

system of records.

c. For an automated data system with

a central computer facility and input or

output terminals at geographically

separate locations, list each location by

category.

d. If multiple locations are identified

by type of organization, the system

location may indicate that official

mailing addresses are published as an

appendix to the agency’s compilation of

systems of records notices in the

Federal Register. If no address directory

is used, or if the addresses in the

directory are incomplete, the address of

each location where a portion of the

record system is maintained must

appear under the ‘system location’

caption.

e. Classified addresses shall not be

listed but the fact that they are classified

shall be indicated.

f. The U.S. Postal Service two-letter

state abbreviation and the nine-digit zip

code shall be used for all domestic

addresses.

6. Categories of individuals covered

by the system. Use clear, non technical

terms which show the specific

categories of individuals to whom

records in the system pertain. Broad

descriptions such as ‘all DFAS

personnel’ or ‘all employees’ should be

avoided unless the term actually reflects

the category of individuals involved.

7. Categories of records in the system.

Use clear, non technical terms to

describe the types of records maintained

in the system. The description of

documents should be limited to those

actually retained in the system of

records. Source documents used only to

collect data and then destroyed should

not be described.

8. Authority for maintenance of the

system. The system of records must be

authorized by a Federal law or

Executive Order of the President, and

the specific provision must be cited.

When citing federal laws, include the

popular names (e.g., ‘5 U.S.C. 552a, The

Privacy Act of 1974’) and for Executive

Orders, the official titles (e.g., ‘Executive

Order 9397, Numbering System for

Federal Accounts Relating to Individual

Persons’).

9. Purpose(s). The specific purpose(s)

for which the system of records was

created and maintained; that is, the uses

of the records within DFAS and the rest

of the Department of Defense should be

listed.

10. Routine uses of records

maintained in the system, including

categories of users and purposes of the

uses. All disclosures of the records

outside DoD, including the recipient of

the disclosed information and the uses

the recipient will make of it should be

listed. If possible, the specific activity or

element to which the record may be

disclosed (e.g., ‘to the Department of

Veterans Affairs, Office of Disability

Benefits’) should be listed. General

statements such as ‘to other Federal

Agencies as required’ or ‘to any other

appropriate Federal Agency’ should not

be used. The blanket routine uses,

published at the beginning of the

agency’s compilation, applies to all

system notices, unless the individual

system notice states otherwise.

11. Disclosure to consumer reporting

agencies: This entry is optional for

certain debt collection systems of

records.

12. Policies and practices for storing,

retrieving, accessing, retaining, and

disposing of records in the system. This

section is divided into four parts.

13. Storage: The method(s) used to

store the information in the system (e.g.,

‘automated, maintained in computers
25566 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations

and computer output products’ or

‘manual, maintained in paper files’ or

‘hybrid, maintained in paper files and in

computers’) should be stated. Storage

does not refer to the container or facility

in which the records are kept.

14. Retrievability: How records are

retrieved from the system (e.g., ‘by

name,’ ‘by SSN,’ or ‘by name and SSN’)

should be indicated.

15. Safeguards: The categories of

agency personnel who use the records

and those responsible for protecting the

records from unauthorized access

should be stated. Generally the methods

used to protect the records, such as

safes, vaults, locked cabinets or rooms,

guards, visitor registers, personnel

screening, or computer ‘fail-safe’

systems software should be identified.

Safeguards should not be described in

such detail as to compromise system

security.

16. Retention and disposal: Describe

how long records are maintained. When

appropriate, the length of time records

are maintained by the agency in an

active status, when they are transferred

to a Federal Records Center, how long

they are kept at the Federal Records

Center, and when they are transferred to

the National Archives or destroyed

should be stated. If records eventually

are destroyed, the method of destruction

(e.g., shredding, burning, pulping, etc.)

should be stated. If the agency rule is

cited, the applicable disposition

schedule shall also be identified.

17. System manager(s) and address.

The title (not the name) and address of

the official or officials responsible for

managing the system of records should

be listed. If the title of the specific

official is unknown, such as with a local

system, the local director or office head

as the system manager should be

indicated. For geographically separated

or organizationally decentralized

activities with which individuals may

correspond directly when exercising

their rights, the position or title of each

category of officials responsible for the

system or portion thereof should be

listed. Addresses that already are listed

in the agency address directory or

simply refer to the directory should not

be included.

18. Notification procedures. (1)

Notification procedures describe how an

individual can determine if a record in

the system pertains to him/her. If the

record system has been exempted from

the notification requirements of

subsection (f)(l) or subsection (e)(4)(G)

of the Privacy Act, it should be so

stated. If the system has not been

exempted, the notice must provide

sufficient information to enable an

individual to request notification of

whether a record in the system pertains

to him/her. Merely referring to a DFAS

regulation is not sufficient. This section

should also include the title (not the

name) and address of the official

(usually the Program Manager) to whom

the request must be directed; any

specific information the individual must

provide in order for DFAS to respond to

the request (e.g., name, SSN, date of

birth, etc.); and any description of proof

of identity for verification purposes

required for personal visits by the

requester.

19. Record access procedures. This

section describes how an individual can

review the record and obtain a copy of

it. If the system has been exempted from

access and publishing access procedures

under subsections (d)(1) and (e)(4)(H),

respectively, of the Privacy Act, it

should be so indicated. If the system has

not been exempted, describe the

procedures an individual must follow in

order to review the record and obtain a

copy of it, including any requirements

for identity verification. If appropriate,

the individual may be referred to the

system manager or another DFAS

official who shall provide a detailed

description of the access procedures.

Any addresses already listed in the

address directory should not be

repeated.

20. Contesting records procedures.

This section describes how an

individual may challenge the denial of

access or the contents of a record that

pertains to him or her. If the system of

record has been exempted from

allowing amendments to records or

publishing amendment procedures

under subsections (d)(1) and (e)(4)(H),

respectively, of the Privacy Act, it

should be so stated. If the system has

not been exempted, this caption

describes the procedures an individual

must follow in order to challenge the

content of a record pertaining to him/

her, or explain how he/she can obtain

a copy of the procedures (e.g., by

contacting the Program Manager or the

appropriate DFAS Privacy Act Officer).

21. Record source categories: If the

system has been exempted from

publishing record source categories

under subsection (e)(4)(I) of the Privacy

Act, it should be so stated. If the system

has not been exempted, this caption

must describe where DFAS obtained the

information maintained in the system.

Describing the record sources in general

terms is sufficient; specific individuals,

organizations, or institutions need not

be identified.

22. Exemptions claimed for the

system. If no exemption has been

established for the system, indicate

‘None.’ If an exemption has been

established, state under which provision

of the Privacy Act it is established (e.g.,

‘Portions of this system of records may

be exempt under the provisions of 5

U.S.C. 552a(k)(2).’)

Dated: May 15, 1996.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 96–12856 Filed 5–21–96; 8:45 am]

BILLING CODE 5000–04–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 50

[AD–FRL–5508–5]

RIN 2060–AA61

National Ambient Air Quality

Standards for Sulfur Oxides (Sulfur

Dioxide)—Final Decision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final decision.

SUMMARY: In accordance with sections

108 and 109 of the Clean Air Act (Act),

EPA has reviewed and revised the air

quality criteria upon which the existing

national ambient air quality standards

(NAAQS) for sulfur oxides are based.

Based on that review, this document

announces EPA’s final decision under

section 109(d)(1) that revisions of the

NAAQS for sulfur oxides are not

appropriate at this time, aside from

several minor technical changes.

In lieu of the two alternatives to shortterm NAAQS proposed on November

15, 1994, EPA will shortly propose

revisions to 40 CFR part 51 to establish

concern and intervention levels under

section 303 of the Act and associated

guidance to assist States in addressing

short-term peaks of sulfur dioxide (SO2).

Final action will be taken on proposed

changes to 40 CFR parts 53 and 58 when

final action is taken on the 40 CFR part

51 proposal and associated guidance.

EFFECTIVE DATE: May 22, 1996.

ADDRESSES: A docket containing

information relating to EPA’s review of

the SO2 NAAQS (Docket No. A–84–25)

is available for public inspection in the

Air & Radiation Docket Information

Center, U.S. Environmental Protection

Agency, South Conference Center, Room

M–1500, 401 M Street, SW, Washington,

DC, telephone (202) 260–7548. The

docket may be inspected between 8 a.m.

and 5:30 p.m. on weekdays, and a

reasonable fee may be charged for