[Federal Register: June 26, 2003 (Volume 68, Number 123)]
[Rules and Regulations]
[Page 37969-37970]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn03-13]
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DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Part 806b
[Air Force Instruction 37-132]
Privacy Act; Implementation
AGENCY: Department of the Air Force, DoD.
ACTION: Final rule.
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SUMMARY: The Department of the Air Force is exempting those records
contained in the systems of records identified as F033 AF A, entitled
`Information Requests-Freedom of Information Act' and F033 AF B,
entitled `Privacy Act Request Files' when an exemption has been
previously claimed for the records in `other' Privacy Act systems of
records. The exemptions are intended to preserve the exempt status of
the records when the purposes underlying the exemptions for the
original records are still valid and necessary to protect the contents
of the records.
[[Page 37970]]
EFFECTIVE DATE: June 7, 2003.
FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043 or
DSN 329-4043.
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 the 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 the 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 806b
Privacy.
0
For the reasons stated in the preamble, 32 CFR part 806b is amended as
follows:
0
1. The authority citation for 32 CFR part 806b continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
0
2. Appendix C to part 806b, is amended by adding paragraphs (b)(24) and
(b)(25) to read as follows:
PART 806b--AIR FORCE PRIVACY ACT PROGRAM
Appendix C to Part 806b--General and specific exemptions.
* * * * *
(b) Specific exemptions. * * *
(24) System identifier and name: F033 AF A, Information
Requests-Freedom of Information Act.
(i) Exemption: During the processing of a Freedom of Information
Act request, exempt materials from `other' systems of records may in
turn become part of the case record in this system. To the extent
that copies of exempt records from those other systems of records
are entered into this system, the Department of the Air Force hereby
claims the same exemptions for the records from those `other'
systems that are entered into this system, as claimed for the
original primary system of which they are apart.
(ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3),
(k)(4), (k)(5), (k)(6), and (k)(7).
(iii) Reasons: Records are only exempt from pertinent provisions
of 5 U.S.C. 552a to the extent such provisions have been identified
and an exemption claimed for the original record, and the purposes
underlying the exemption for the original record still pertain to
the record which is now contained in this system of records. In
general, the exemptions were claimed in order to protect properly
classified information relating to national defense and foreign
policy, to avoid interference during the conduct of criminal, civil,
or administrative actions or investigations, to ensure protective
services provided the President and others are not compromised, to
protect the identity of confidential sources incident to Federal
employment, military service, contract, and security clearance
determinations, and to preserve the confidentiality and integrity of
Federal evaluation materials. The exemption rule for the original
records will identify the specific reasons why the records are
exempt from specific provisions of 5 U.S.C. 552a.
(25) System identifier and name: F033 AF B, Privacy Act Request
Files.
(i) Exemption: During the processing of a Privacy Act request,
exempt materials from other systems of records may in turn become
part of the case record in this system. To the extent that copies of
exempt records from those `other' systems of records are entered
into this system, the Department of the Air Force hereby claims the
same exemptions for the records from those `other' systems that are
entered into this system, as claimed for the original primary system
of which they are apart.
(ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3),
(k)(4), (k)(5), (k)(6), and (k)(7).
(iii) Reason: Records are only exempt from pertinent provisions
of 5 U.S.C. 552a to the extent such provisions have been identified
and an exemption claimed for the original record, and the purposes
underlying the exemption for the original record still pertain to
the record which is now contained in this system of records. In
general, the exemptions were claimed in order to protect properly
classified information relating to national defense and foreign
policy, to avoid interference during the conduct of criminal, civil,
or administrative actions or investigations, to ensure protective
services provided the President and others are not compromised, to
protect the identity of confidential sources incident to Federal
employment, military service, contract, and security clearance
determinations, and to preserve the confidentiality and integrity of
Federal evaluation materials. The exemption rule for the original
records will identify the specific reasons why the records are
exempt from specific provisions of 5 U.S.C. 552a.
Dated: June 18, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 03-16130 Filed 6-25-03; 8:45 am]
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