Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 59579 

(3) * * * The summary described in 

paragraph (c)(2)(iii)(B)(2) of this section 

must advise the participant of the right, 

if any, to defer receipt of the 

distribution and of the consequences of 

failing to defer such receipt, must set 

forth a summary of the distribution 

options under the plan, must refer the 

participant to the most recent version of 

the notice (and, in the case of a notice 

provided in any document containing 

information in addition to the notice, 

must identify that document and must 

provide a reasonable indication of 

where the notice may be found in that 

document, such as by index reference or 

by section heading), and must advise 

the participant that, upon request, a 

copy of the notice will be provided 

without charge. 

* * * * * 

(vi) Consequences of failing to defer— 

(A) A notice under this paragraph (c)(2) 

that is required to describe the 

consequences of failing to defer receipt 

of a distribution until it is no longer 

immediately distributable must, to the 

extent applicable under the plan and in 

a manner designed to be easily 

understood, provide the participant 

with the information set out in 

paragraphs (c)(2)(vi)(A)(1) through (5) of 

this section and explain why it is 

relevant to a decision whether to defer. 

(1) A description of the following 

federal tax implications of failing to 

defer: differences in the timing of 

inclusion in taxable income of an 

immediately commencing distribution 

that is not rolled over (or not eligible to 

be rolled over) and a distribution that is 

deferred until it is no longer 

immediately distributable (including, as 

applicable, differences in the taxation of 

distributions of designated Roth 

contributions within the meaning of 

section 402A); application of the 10% 

additional tax on certain distributions 

before age 591⁄2 under section 72(t); and, 

in the case of a defined contribution 

plan, loss of the opportunity upon 

immediate commencement for future 

tax-favored treatment of earnings if the 

distribution is not rolled over (or not 

eligible to be rolled over) to an eligible 

retirement plan described in section 

402(c)(8)(B). 

(2) In the case of a defined benefit 

plan, a statement of the amount payable 

to the participant under the normal form 

of benefit both upon immediate 

commencement and upon 

commencement when the benefit is no 

longer immediately distributable 

(assuming no future benefit accruals). 

The statement need not vary based on 

the participant’s marital status if the 

plan is permitted, pursuant to 

§ 1.417(a)(3)–1(c)(2)(ii), to provide a 

QJSA explanation that does not vary 

based on the participant’s marital status. 

(3) In the case of a defined 

contribution plan, a statement that some 

currently available investment options 

in the plan may not be generally 

available on similar terms outside the 

plan and contact information for 

obtaining additional information on the 

general availability outside the plan of 

currently available investment options 

in the plan. 

(4) In the case of a defined 

contribution plan, a statement that fees 

and expenses (including administrative 

or investment-related fees) outside the 

plan may be different from fees and 

expenses that apply to the participant’s 

account and contact information for 

obtaining additional information on the 

fees and expenses that apply to the 

participant’s account. 

(5) An explanation of any provisions 

of the plan (and provisions of an 

accident or health plan maintained by 

the employer) that could reasonably be 

expected to materially affect a 

participant’s decision whether to defer 

receipt of the distribution. Such 

provisions would include, for example: 

plan terms under which a participant 

who fails to defer may lose eligibility for 

retiree health coverage or eligibility for 

early retirement subsidies or social 

security supplements; plan terms under 

which the benefit of a rehired 

participant who failed to defer may be 

adversely affected by the decision not to 

defer; and, in the case of a defined 

contribution plan, plan terms under 

which undistributed benefits that 

otherwise are nonforfeitable become 

forfeitable upon the participant’s death. 

(B) Location of information; 

incorporation by reference. In general, 

the information required to be provided 

in a notice under this paragraph 

(c)(2)(vi) must appear together (for 

example, in a list of consequences of 

failing to defer). However, the notice 

will not be treated as failing to satisfy 

the requirements of this paragraph 

(c)(2)(vi) merely because the notice 

includes a cross-reference to where the 

required information may be found in 

notices or other information provided or 

made available to the participant, as 

long as the notice of consequences of 

failing to defer includes a statement of 

how the referenced information may be 

obtained without charge and explains 

why the referenced information is 

relevant to a decision whether to defer. 

* * * * * 

(h) Consequences of Failing to Defer 

Effective/Applicability Date. The 

provisions in paragraph (c) of this 

section that describe the requirement to 

notify participants of the consequences 

of failing to defer are effective for 

notices provided on or after the first day 

of the first plan year beginning on or 

after January 1, 2010. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. E8–23918 Filed 10–8–08; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 288 

[DoD–2008–OS–0059; RIN 0790–AI29] 

Office of the Secretary of Defense and 

Joint Staff Freedom of Information Act 

Program 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This part establishes Office of 

the Secretary of Defense (OSD) policy, 

assigns responsibilities, and prescribes 

procedures for the effective 

administration of the Freedom of 

Information Act (FOIA) Program in OSD 

and the Joint Staff. This part 

supplements and implements part 286 

of 32 CFR, the DoD Freedom of 

Information Act Regulation. 

DATES: Comments must be received by 

December 8, 2008. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

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 

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

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Dave Henshall, 703–696–3243. 

SUPPLEMENTARY INFORMATION: 


jlentini on PROD1PC65 with PROPOSALS
59580 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

288 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribunal 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 12866, 

as amended by Executive Order 13422. 

Sec. 202, Pub. L. 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

288 does not contain a Federal mandate 

that may result in the expenditure by 

State, local and tribunal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

288 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

The rule implements the procedures for 

processing FOIA requests within the 

OSD and JS components. 

Public Law 96–511, ‘‘Paperwork 

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

It has been certified that 32 CFR part 

288 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

288 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

1. The States; 

2. The relationship between the 

National Government and the States; or 

3. The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 288 

Freedom of information. 

Accordingly, title 32 of the Code of 

Federal Regulations, Chapter I, 

Subchapter N is proposed to be 

amended by adding part 288 as follows: 

PART 285—OFFICE OF THE 

SECRETARY OF DEFENSE AND JOINT 

STAFF FREEDOM OF INFORMATION 

ACT (FOIA) PROGRAM 

Sec 

288.1 Purpose. 

288.2 Applicability. 

288.3 Definitions. 

288.4 Policy. 

288.5 Responsibilities. 

288.6 Procedures. 

288.7 Information requirements. 

Appendix to Part 288—DoD Agencies and 

Field Activities, And Other Defense 

Organizations Served by the Freedom of 

Information Division 

Authority: 5 U.S.C. 552. 

§ 288.1 Purpose. 

This part establishes Office of the 

Secretary of Defense (OSD) policy, 

assigns responsibilities, and prescribes 

procedures for the effective 

administration of the Freedom of 

Information Act (FOIA) Program in OSD 

and the Joint Staff (JS). This part 

supplements and implements part 286 

of 32 CFR, the DoD Freedom of 

Information Act Regulation. 

§ 288.2 Applicability. 

This part applies to OSD, the Office 

of the Chairman of the Joint Chiefs of 

Staff and the Joint Staff, and the Defense 

Agencies and DoD Field Activities listed 

in the appendix to this part. They will 

hereafter be referred to collectively as 

the ‘‘OSD and JS Components.’’ 

§ 288.3 Definitions. 

Appeal. A request by a member of the 

general public, made under the FOIA, 

asking the appellate authority to reverse 

an initial denial authority (IDA) 

decision to withhold all or part of a 

requester record or to deny a request for 

a fee waiver, reduction of fees, or 

expedited processing, or any other 

adverse determination. 

Consultation. The process whereby a 

DoD Component transfers a FOIA 

responsive document to another 

Component, Federal agency, or non-U.S. 

government entity to obtain 

recommendations on the releasability of 

the document. After review, the 

document is returned to the original 

Component for response to the requester 

or further review. 

FOIA request. A written request for 

records, made by a person, including a 

member of the public (U.S. or foreign 

citizen), an organization, or a business, 

but not including a Federal agency or a 

fugitive from the law, that either 

explicitly or implicitly invokes the 

FOIA. A request must reasonably 

describe the records sought and be 

submitted in compliance with this part 

286 of 32 CFR. 

IDA. An individual granted the 

authority to make initial determinations 

as to the releasability of records to the 

public. 

Privacy Act request. A written request 

from a U.S. citizen or alien lawfully 

admitted for permanent residence 

seeking records on himself or herself 

that are contained within a Privacy Act 

system of records. 

Referral. The process whereby a DoD 

Component transfers a request to 

another DoD Component or Federal 

agency for one of two reasons. 1. The 

DoD Component that receives the 

request determines that responsive 

records are with another DoD 

Component or Federal agency, and 

therefore transfers that request to the 

other DoD Component or agency for 

processing and direct response to the 

requester. 2. The DoD Component that 

receives the request locates documents 

that originated with another DoD 

Component or Federal agency. In this 

case, the request and documents are 

transferred to the originating DoD 

Component or Federal agency for 

response directly to the requester. This 

also applies to the situation where a 

responsive document is transferred to a 

higher-level authority for response to 

the requester. 

§ 288.4 Policy. 

It is OSD policy that OSD and JS 

Components shall promote the public 

trust by making the maximum amount 

of information available to the public on 

the operation and activities of the 

Department of Defense, consistent with 

the Department’s responsibility to 

protect national security and other 

sensitive DoD information. 

§ 288.5 Responsibilities. 

(a) The Chief, Freedom of Information 

Division (FOID), Executive Services 

Directorate, Washington Headquarters 

Services (WHS), shall organize, direct, 

and manage the Office of Freedom of 

Information (OFOI), the Defense 

Freedom of Information Policy Office 

(DFOIPO), and the OSD/JS Privacy 

Office, and ensure their mutually 

supported functions are integrated to 

promote maximum efficiency. 

(b) Additionally, the Chief, FOID, 

shall: 

(1) Direct and administer the DoD 

FOIA Program within the OSD and JS 

Components. 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 59581 

(2) Execute policies and establish 

procedures to ensure compliance with 

32 CFR parts 285 and 286. 

(3) Maintain the OSD/JS FOIA 

Requester Service Center (RSC). 

(4) Serve as the central point of 

contact (POC) within the OSD and JS 

Components for the receipt of all FOIA 

initial requests for records of the OSD 

Components. 

(5) Forward FOIA and Privacy Act 

requests for records from the public to 

the OSD Components having 

possession, control, and/or equities in 

the requested record. 

(6) Respond to FOIA and Privacy Act 

requesters concerning OSD/JS records. 

(7) Maintain a document management 

system of FOIA and Privacy Act 

requests. 

(8) Conduct educational training for 

the OSD Components on the 

requirements and implementation of the 

FOIA, 5 U.S.C. 552, in accordance with 

32 CFR part 286. 

(9) Administer the OSD/JS FOIA RSC 

Web Site. This includes OSD and JS 

compliance with 5 U.S.C. 552(a)(2). 

(10) Receive processing fees for 

deposit in the U.S. Treasury FOIA. 

(11) Serve concurrently as Chief, 

DFOIPO, and shall: 

(i) Receive, process, and review all 

FOIA appeals for the OSD and JS 

Components and the Combatant 

Commands and make recommendations 

to the appellate authority for final 

adjudication of these FOIA appeals. 

(ii) Provide FOIA litigation support to 

the Office of the General Counsel, 

Department of Defense. 

(c) The General Counsel, WHS, shall 

provide assistance and advice to the 

Pentagon Force Protection Agency 

(PFPA) and WHS components in the 

processing of initial denials of requested 

PFPA and WHS records. 

(d) The General Counsel, Department 

of Defense, shall: 

(1) Provide assistance and advice to 

the OSD Components in the processing 

of initial denials of requested records. 

(2) Coordinate with the Department of 

Justice on all final appeals for requested 

records when litigation is likely. 

(3) Through the Office of Legislative 

Counsel, provide assistance and advice 

to OFOI in the processing and final 

review of Secretary and Deputy 

Secretary-level records. 

(e) The Heads of OSD and JS 

Components shall: 

(1) Process FOIA requests received 

from the OFOI in accordance with this 

part and 32 CFR part 286. 

(2) Serve as the IDA, who is 

authorized to make initial 

determinations on initial requests for 

records under 5 U.S.C. 552. This 

responsibility may be delegated to a 

representative authorized to deny 

information on their behalf. 

(3) Designate an office and an 

individual(s) as the POC for FOIA 

matters. Provide written notice to OFOI 

of delegated IDAs and POCs, including 

notice of changes. 

(4) Coordinate with legal counsel as 

necessary on proposed denials of 

records. 

(5) Provide OFOI with a brief 

statement of the reasons for the denial, 

including the identification of any 

exemptions applied. 

(6) Alert OFOI when the issues raised 

by a FOIA request are of unusual 

significance, precedent setting, or 

otherwise require special guidance from 

OFOI. 

(7) Forward all FOIA requests that are 

received directly from the requester 

(known as ‘‘out-of-channels requests’’) 

to OFOI for entry into the FOIA case 

tracking system. 

(8) Establish procedures to mark 

record copies and to notify holders of 

classified records that have been 

downgraded, declassified, or 

reclassified as a result of a review under 

5 U.S.C. 552. 

(9) Provide instructions to employees 

who administer FOIA matters under this 

part and 32 CFR parts 285 and 286. 

(10) Include a ‘‘FOIA’’ link on 

Component Web sites to the OSD/JS 

FOIA RSC (http://www.dod.mil/pubs/ 

foi/) to assist requesters in properly 

directing their FOIA requests to the 

correct office for processing. 

§ 288.6 Procedures. 

(a) General. A request to the OSD/JS 

RSC for access to information under the 

provisions of 32 CFR part 286 may be 

denied upon the determination that: 

(1) The requested information is 

exempt under 5 U.S.C. 552. 

(2) The requester has failed to comply 

with the procedural requirements 

imposed by 32 CFR parts 285 and 286. 

(b) Processing FOIA Requests Within 

The OSD and JS Components. (1) The 

OFOI receives two types of FOIA 

requests: Direct requests from a member 

of the public asking for access to DoD, 

OSD, or JS information; and referrals or 

consultations from other DoD and nonDoD agencies that contain OSD or JS 

documents or other agency documents 

with OSD or JS equities. In each case, 

OFOI shall forward the FOIA request 

(and responsive documents if a referral 

or consultation) to the OSD or JS 

Component having responsibility for the 

requested information. Any FOIA 

request received by an OSD or JS 

Component out of channels from a 

source other than OFOI shall be directed 

to OFOI without delay for formal entry 

into the case tracking system. The OSD 

or JS Component should commence 

work on the request, pending its return 

from the OFOI. 

(2) FOIA requests shall be sent by 

OFOI to the OSD or JS Component 

having responsibility for the 

information, along with SD Form 466, 

‘‘Freedom of Information Action (Cover 

Sheet);’’ SD Form 472, ‘‘Request 

Information Sheet;’’ and DD Form 2086, 

‘‘Record of Freedom of Information 

(FOI) Processing Cost.’’ The SD Form 

472 and the DD Form 2086 shall be 

completed and returned to OFOI when 

processing is complete along with the 

documents located as a result of the 

search. OSD or JS Components shall 

forward information denied in total or 

in part to OFOI at the initial request 

stage. The OSD and JS Components 

shall conduct document searches at the 

Federal Records Center, Suitland, 

Maryland, if the documents have been 

retired to that center. Documents that 

have been transferred to the National 

Archives and Records Administration 

(NARA) are considered the property of 

NARA and are not subject to OSD and 

JS Component searches. 

(3) If an OSD or JS Component 

believes that a FOIA request is 

forwarded to them by OFOI for 

processing in error the OSD or JS 

Component’s IDA will explain on the 

SD Form 472 why the OSD or JS 

Component is not the appropriate office 

and identify the specific component or 

other agency of the Government that is 

likely to have responsibility for the 

information. 

(4) OFOI shall assign a suspense date 

to each request tasked to the OSD and 

JS Components by which the receiving 

component must respond to OFOI. 

Requests for extensions shall be made to 

OFOI at least 3 working days before the 

suspense date. Extensions of time shall 

be made by OFOI and granted on a caseby-case basis depending on whether the 

reasons provided qualify as ‘‘unusual 

circumstances’’ as defined by the FOIA. 

(5) When a request requires a search 

by an OSD or JS Component and the 

requested record is released in full or 

denied in its entirety, one copy of the 

requested record, a completed SD Form 

472, and DD Form 2086 shall be 

delivered to OFOI. If the located record 

is denied in part, two copies of the 

requested record shall be delivered to 

OFOI. One copy will indicate the 

denied information with red pencil 

brackets, and the other copy will be 

‘‘clean,’’ with no brackets. Those 

Components using electronic redaction 

software may indicate denied 

information by electronic brackets or 


jlentini on PROD1PC65 with PROPOSALS
59582 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 

1Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/520001r.pdf. 

2Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/891001m.pdf. 

highlights. OFOI will redact the 

document electronically and prepare it 

for release to the requester. 

(6) If OFOI provides the OSD or JS 

Component with a document for review 

that was located by another agency, the 

Component will return the document 

tasked for review back to OFOI with its 

release recommendations. The OSD or 

JS Component will indicate any exempt 

information with red pencil brackets or 

electronically. 

(7) The FOIA, 5 U.S.C. 552(b) requires 

the release of segregable information not 

otherwise exempt. At a minimum, 

review for segregability shall be at the 

paragraph level. If OFOI determines that 

the information is not properly 

segregated, it will be returned to the 

OSD or JS Component for further 

review. 

(8) Completed copies of the SD Form 

472 and DD Form 2086 shall be returned 

with the packet. When a denial is based 

on a security classification according to 

the criteria outlined in DoD 5200.1–R,1

the component’s decision rationale shall 

indicate that a current review of the 

record supports continued 

classification. The explanation shall 

also contain the specific rationale from 

Executive Order 12958 that supports the 

decision for continued classification of 

the requested record. All denials of 

information require the signature of the 

IDA on the SD Form 472. 

(9) A classified document containing 

unclassified information may not be 

denied in total under Exemption 1, 5 

U.S.C. 552(b)(1), unless the unclassified 

information, when taken in aggregate, 

would reveal classified information. 

This determination must be made in 

accordance with section 1.7 of 

Executive Order 12958. Denial of 

unclassified information not meeting 

that standard may only be accomplished 

by exerting one or more of Exemptions 

2 through 9 of 5 U.S.C. 552. 

(10) All documents, regardless of 

classification, that are responsive to a 

FOIA request must be provided to OFOI 

for processing. This includes 

Confidential, Secret, Top Secret, and 

Sensitive Compartmented Information 

records. OSD and JS Components may 

contact the OFOI Security Manager to 

verify OFOI’s clearance level for access 

to classified information. 

(11) When an OSD and JS Component 

cannot locate a requested record and a 

‘‘no record’’ determination is made, the 

explanation on the SD Form 472 shall 

so state and be signed by the IDA. 

Complete copies of the SD Form 472 

and DD Form 2086 shall be returned 

with the packet. 

(c) Processing FOIA Appeals Within 

the OSD and JS Components. (1) When 

an appeal involves documents denied 

by an OSD or JS Component IDA, 

DFOIPO shall review the entire case file 

of the initial action to determine if the 

information was properly denied in 

accordance with 32 CFR part 286 and 5 

U.S.C. 552. If the initial action is 

deemed proper, then DFOIPO will 

recommend to the appellate authority 

that the initial action be upheld. When 

DFOIPO determines that the initial 

denial should not be upheld on appeal, 

it shall make a new release 

recommendation to the OSD or JS 

Component and return the denied 

information to OSD or JS Component for 

its reconsideration. Documents will be 

processed and returned to OFOI in 

accordance with the processing 

procedures outlined in paragraph (b) of 

this section. 

(2) When an appeal involves an initial 

‘‘no record’’ response, DFOIPO shall 

review the entire case file to determine 

if the initial search was adequate. If 

DFOIPO determines that the 

administrative record cannot support 

the adequacy of the initial search, the 

OSD or JS Component shall be tasked to 

provide more detailed accounting of the 

initial search, conduct a new search, or 

both. If it is determined that the initial 

administrative record shows that the 

initial search was adequate, DFOIPO 

will advise the appellate authority to 

uphold the original determination. 

(3) If the appeal concerns an 

administrative decision made by 

DFOIPO such as denial of expedited 

processing, fee waiver, or a fee category 

determination, DFOIPO shall review the 

original case file, along with additional 

documentary evidence presented by the 

requester, and make a recommendation 

to the appellate authority for final 

adjudication. 

(4) When the final determination by 

DFOIPO involves a full grant, the Chief, 

FOID or designee shall notify the 

requester of that determination. 

§ 288.7 Information requirements. 

The DoD Annual FOIA Report is 

assigned Report Control Symbol DD– 

DA&M(A) 1365 in accordance with the 

requirements of DoD 8910.1–M.2

Appendix to Part 288—DoD Agencies 

and Field Activities, and Other Defense 

Organizations Served by the Freedom 

of Information Division 

American Forces Information Service 

Armed Forces Radiology Research Institute 

Defense Acquisition University 

Defense Advanced Research Projects Agency 

Defense Business Transformation Agency 

Defense Equal Opportunity Management 

Institute 

Defense Legal Services Agency 

Defense Media Activity 

Defense Microelectronics Activity 

Defense Modeling and Simulation Office 

Defense Prisoner of War/Missing Persons 

Office 

Defense Security Cooperation Agency 

Defense Systems Management College 

Defense Technology Security Administration 

DoD Counterintelligence Field Activity 

DoD Human Resources Activity 

Joint Professional Military Education 

Colleges 

Missile Defense Agency 

National Defense University 

Pentagon Force Protection Agency (PFPA) 

Uniformed Services University of the Health 

Sciences 

Washington Headquarters Services (WHS) 

White House Military Office 

September 30, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E8–23998 Filed 10–8–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 325 

[DOD–2008–OS–0067] 

RIN 0790–AI30 

Defense Contract Management Agency 

(DCMA) Privacy Program 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This part provides policies 

and procedures for the Defense Contract 

Management Agency’s (DCMA) 

implementation of a Privacy Program 

under the Privacy Act of 1974, as 

amended. 

DATES: Comments must be received by 

December 8, 2008. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 


jlentini on PROD1PC65 with PROPOSALS