[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Rules and Regulations]
[Pages 64509-64510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25805]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 316

[Docket ID: DoD-2014-OS-0128]


Privacy Act of 1974; Implementation

AGENCY: Defense Information Systems Agency, DoD.

ACTION: Direct final rule with request for comments.

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SUMMARY: The Defense Information Systems Agency is proposing to exempt 
a new system of records, K890.23, entitled ``DISA Inspector General 
Investigative Tracker (DIGit)'' from 5 U.S.C. 552a(j)(2), (k)(2), and 
(k)(5), subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) of the Privacy Act of 1974, as amended.

DATES: This rule will be effective on January 8, 2015 unless adverse 
comments are received by December 29, 2014. If adverse comment is 
received, the Department of Defense will publish a timely withdrawal of 
the rule in the Federal Register.

ADDRESSES: You may submit comments, identified by docket 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, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number 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: Ms. Jeanette Weathers-Jenkins, DISA 
Privacy Officer, Chief Information Office, 6916 Cooper Avenue, Fort 
Meade, MD 20755-7901, or by phone at (301) 225-8158.

SUPPLEMENTARY INFORMATION: This direct final rule makes no substantive 
changes to the Defense Information Systems Agency Privacy Program 
rules. These changes will allow the Office to add an exemption rule to 
the Defense Information Systems Agency Privacy Program rules that will 
exempt applicable records and/or material from certain portions of the 
Privacy Act. This will improve the efficiency and effectiveness of 
DoD's program by preserving the exempt status of the applicable records 
and/or material when the purposes underlying the exemption(s) are valid 
and necessary. This rule is being published as a direct final rule as 
the Department of Defense does not expect to receive any adverse 
comments, and so a proposed rule is unnecessary.

Direct Final Rule and Significant Adverse Comments

    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves nonsubstantive changes dealing with 
DoD's management of its Privacy Programs. DoD expects no opposition to 
the changes and no significant adverse comments. However, if DoD 
receives a significant adverse comment, the Department will withdraw 
this direct final rule by publishing a notice in the

[[Page 64510]]

Federal Register. A significant adverse comment is one that explains: 
(1) Why the direct final 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 comment necessitates withdrawal of this direct 
final rule, DoD will consider whether it warrants a substantive 
response in a notice and comment process.

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been determined that this rule is not a significant rule. 
This rule 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 
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 
these Executive orders.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)

    It has been certified that this rule will 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. A Regulatory Flexibility 
Analysis is not required.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been determined that this rule does not contain any 
information collection requirements subject to 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 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. Therefore, no 
Federalism assessment is required.

List of Subjects in 32 CFR Part 316

    Privacy.

    Accordingly, 32 CFR part 316 is amended as follows:

PART 316--DEFENSE INFORMATION SYSTEMS AGENCY PRIVACY PROGRAM

0
1. The authority citation for 32 CFR part 316 continues to read as 
follows:

    Authority:  Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).


0
2. In Sec.  316.8, add paragraph (a), and add and reserve paragraph 
(b), to read as follows:


Sec.  316.8  Exemptions.

* * * * *
    (a) System identifier and name: K890.23, DISA Inspector General 
Investigative Tracker (DIGit).
    (1) Exemptions: Any portion of this record system which falls 
within the provisions of 5 U.S.C. 552a(j)(2), (k)(2)and (k)(5) may be 
exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I).
    (2) Authority: 5 U.S.C. 552a(j)(2), (k)(2), and (k)(5).
    (3) Reasons: To ensure the integrity of the privacy and civil 
liberties process. The execution requires that information be provided 
in a free and open manner without fear of retribution or harassment in 
order to facilitate a just, thorough, and timely resolution of the 
complaint or inquiry. Disclosures from this system can enable 
individuals to conceal their wrongdoing or mislead the course of the 
investigation by concealing, destroying, or fabricating evidence or 
documents. In addition, disclosures can subject sources and witnesses 
to harassment or intimidation which may cause individuals not to seek 
redress for wrongs through privacy and civil liberties channels for 
fear of retribution or harassment.
    (b) [Reserved]

    Dated: October 27, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-25805 Filed 10-29-14; 8:45 am]
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