[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Rules and Regulations]
[Page 67856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25827]
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DEPARTMENT OF DEFENSE
48 CFR Part 224
[DFARS Case 2003-D038]
Defense Federal Acquisition Regulation Supplement; Protection of
Privacy and Freedom of Information
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to delete text pertaining to
the applicability of the Privacy Act to certain contractor records.
This rule is a result of a transformation initiative undertaken by DoD
to dramatically change the purpose and content of the DFARS.
DATES: Effective November 22, 2004.
FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, Defense
Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0296; facsimile (703) 602-0350. Please cite DFARS Case 2003-D038.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
http://www.acq.osd.mil/dpap/dfars/transf.htm.
This final rule is a result of the DFARS Transformation initiative.
The rule deletes DFARS 224.102, which specifies that the Privacy Act (5
U.S.C. 552a) does not apply to certain contractor records. The DFARS
text is unnecessary, because this issue is adequately addressed in DoD
Regulation 5400.11-R, Department of Defense Privacy Program, which is
referenced in DFARS 224.103.
DoD published a proposed rule at 69 FR 8152 on February 23, 2004.
DoD received one comment in response to the proposed rule, and that
comment supported the rule. Therefore, DoD has adopted the proposed
rule as a final rule without change.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because deletion of the DFARS text does not represent a change in DoD
policy. Applicability of the Privacy Act is adequately addressed in
other DoD publications.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 224
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
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Therefore, 48 CFR part 224 is amended as follows:
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1. The authority citation for 48 CFR part 224 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 224--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
224.102 [Removed]
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2. Section 224.102 is removed.
[FR Doc. 04-25827 Filed 11-19-04; 8:45 am]
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