31430 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

RIN 0790–AL16 

[Docket ID: DoD–2021–OS–0030] 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary of 

Defense, Department of Defense (DoD). 

ACTION: Direct final rule. 

SUMMARY: The DoD is amending this 

part to remove the exemption rules 

associated with five systems of records 

established for the Defense Manpower 

Data Center (DMDC) under the Privacy 

Act of 1974, as amended. Elsewhere in 

today’s issue of the Federal Register, the 

DoD is giving concurrent notice of the 

rescindment of these same five DMDC 

systems of records notices. The DoD is 

also amending this part to remove the 

exemption rules associated with eight 

Privacy Act system of records notices 

previously rescinded by the DoD. This 

rule is being published as a direct final 

rule as the Department does not expect 

to receive any adverse comments. If 

such comments are received, this direct 

final rule will be withdrawn and a 

proposed rule for comments will be 

published. 

DATES: This rule is effective August 23, 

2021 unless comments are received that 

would result in a contrary 

determination. Comments will be 

accepted on or before August 13, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods. 

* Federal eRulemaking Portal: https:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

* Mail: The DoD cannot receive 

written comments at this time due to the 

COVID–19 pandemic. Comments should 

be sent electronically to the docket 

listed above. 

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 

https://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lyn Kirby, OSD.DPCLTD@mail.mil; 

(703) 571–0070. 

SUPPLEMENTARY INFORMATION: 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. The Office of the 

Secretary is modifying 32 CFR part 310. 

The rules explain why exemptions are 

being claimed for the associated system 

of records. During the rulemaking 

process, the public are invited to 

provide comments, which DoD will 

consider before the issuance of a final 

rule implementing those exemptions. 

The final rules implementing 

exemptions for DoD systems of records 

are codified in DoD’s privacy regulation 

at 32 CFR part 310. 

When a system of records is no longer 

required to be collected or maintained, 

the system of records may be 

discontinued. The notice for that system 

of record is rescinded in the Federal 

Register, and the records covered by the 

rescinded system of records are lawfully 

transferred or disposed of in accordance 

with requirements. At the time of 

rescindment or following rescindment 

of the system of records notice, Federal 

agencies will seek also to rescind the 

associated exemption rules within the 

Code of Federal Regulations. 

This rule is being published as a 

direct final rule as the Department does 

not expect to receive any significant 

adverse comments. If such comments 

are received, this direct final rule will 

be cancelled and a proposed rule for 

comments will be published. If no such 

comments are received, this direct final 

rule will become effective ten days after 

the comment period expires. 

For purposes of this rulemaking, a 

significant adverse comment is one that 

explains (1) why the rule is 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach; or (2) why the direct final 

rule will be ineffective or unacceptable 

without a change. In determining 

whether a significant adverse comment 

necessitates withdrawal of this direct 

final rule, the Department will consider 

whether the comment raises an issue 

serious enough to warrant a substantive 

response had it been submitted in a 

standard notice-and-comment process. 

A comment recommending an addition 

to the rule will not be considered 

significant and adverse unless the 

comment explains how this direct final 

rule would be ineffective without the 

addition. 

The DoD is modifying 32 CFR part 

310 by rescinding the following 

regulation provisions in their entirety 

due to the underlying systems of records 

notices being rescinded (concurrently 

by associated public notice) or having 

been previously rescinded through 

public notice: 

• 32 CFR 310.16(a)(12), System 

identifier and name. N05520–1, 

Personnel Security Eligibility 

Information System. 

• 32 CFR 310.20(b)(5), System 

identifier and name. LDIA 10–0001, 

Equal Opportunity, Diversity and 

Alternate Dispute Resolution Records. 

• 32 CFR 310.29(b)(2), System 

identifier and name. JS006.CND, 

Department of Defense Counternarcotics 

C4I System. 

• 32 CFR 310.29(c)(1), System 

identifier and name. DGC 16, Political 

Appointment Vetting Files. 

• 32 CFR 310.29(c)(4), System 

identifier and name. DWHS P32, 

Standards of Conduct Inquiry File. 

• 32 CFR 310.29(c)(5), System 

identifier and name. DUSDP 02, Special 

Personnel Security Cases. 

• 32 CFR 310.29(c)(7), System 

identifier and name. DGC 20, DoD 

Presidential Appointee Vetting File. 

• 32 CFR 310.29(c)(15), System 

identifier and name. DCIFA 01, CIFA 

Operational and Analytical Records. 

• 32 CFR 310.29(c)(17), System 

identifier and name. DMDC 11, 

Investigative Records Repository. 

• 32 CFR 310.29(c)(18), System 

identifier and name, DMDC 12 DoD, 

Joint Personnel Adjudication System 

(JPAS). 

• 32 CFR 310.29(c)(20), System 

identifier and name, DMDC 13 DoD, 

Defense Clearance and Investigations 

Index (referenced in today’s concurrent 

notice as DMDC 13 DoD, Defense 

Central Index of Invstigations (DCII)). 

• 32 CFR 310.29(c)(23), System 

identifier and name. DMDC 17 DoD, 

Continuous Evaluation Records for 

Personnel Security. 

• 32 CFR 310.29(c)(27), System 

identifier and name. DMDC 24 DoD, 

Defense Information System for Security 

(DISS). 

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 


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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations 31431 

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 rule is not a significant regulatory 

action. 

Congressional Review Act 

This 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) 

It has been 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 this 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 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 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. 

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 part 310 

continues to read as follows: 

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

§ 310.16 [Amended] 

■ 2. Amend § 310.16 by removing and 

reserving paragraph (a)(12). 

§ 310.20 [Amended] 

■ 3. Amend § 310.20 by removing and 

reserving paragraph (b)(5). 

§ 310.29 [Amended] 

■ 4. Amend § 310.29 by removing and 

reserving paragraphs (b)(2) and (c)(1), 

(4), (5), (7), (15), (17), (18), (20), (23), 

and (27). 

Dated: June 9, 2021. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2021–12430 Filed 6–11–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0295] 

Safety Zones; Recurring Safety Zones 

in Captain of the Port Sault Sainte 

Marie Zone for Events Beginning in 

July 2021 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

established safety zones for maritime 

events starting in July 2021 to provide 

for the safety of life on navigable 

waterways. Our regulation for safety 

zones within the Captain of the Port 

Sault Sainte Marie Zone identifies the 

regulated area for these safety zones. 

During the enforcement periods, vessels 

must stay out of the established safety 

zone and may only enter with 

permission from the designated 

representative of the Captain of the Port 

Sault Sainte Marie. 

DATES: The regulations in 33 CFR 

165.918 will be enforced for the safety 

zones identified in Table 1 of the 

SUPPLEMENTARY INFORMATION section 

below for the dates and times specified. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

publication, call or email LT Deaven 

Palenzuela, Waterways Management 

division chief, Coast Guard Sector Sault 

Sainte Marie, U.S. Coast Guard; 

telephone 906–635–3223, email 

ssmprevention@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zones in 

33 CFR 165.918 as per the time, dates, 

and locations in Table 1. 

TABLE 1 

[Datum NAD 1983] 

Event Location Event date 

(6) National Cherry Festival Finale 

Fireworks, Traverse City, MI.

All U.S. navigable waters of the West Arm of Grand Traverse Bay 

within the arc of a circle with an approximate 1,200-foot radius 

from the fireworks launch site located on a barge in position 

46°46′12′′ N, 085°37′06′′ W.

On July 10, 2021 from 10 p.m. to 

10:30 p.m. 

(7) Canada Day Celebration Fireworks; Sault Sainte Marie, MI.All U.S. navigable waters of the St. Marys River within an approximate 1,400-foot radius from the fireworks launch site, centered approximately 160 yards north of the U.S. Army Corp of Engineers 

Soo Locks North East Pier, at position 46°30′20.40′′ N, 

084°20′17.64′′ W.

On July 1, 2021 from 10 p.m. to 

11 p.m. 

(8) Marquette Fourth of July Celebration Fireworks, Marquette, MI.All U.S. navigable waters of Marquette Harbor within an approximate 

1,200-foot radius of the fireworks launch site, centered in position 

46°32′23.0′′ N, 087°23′13.1′′ W.

On July 4, 2021 from 10:30 p.m. 

to 11 p.m. 


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