[Federal Register: February 25, 2005 (Volume 70, Number 37)]
[Proposed Rules]
[Page 9260-9261]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe05-24]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 311
[Administrative Instruction 81]
Privacy Act; Implementation
AGENCY: Office of the Secretary, DoD.
ACTION: Proposed rule.
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SUMMARY: The Office of the Secretary of Defense is proposing to exempt
those records contained in DCIFA 01, entitled ``CIFA Operational and
Analytical Records'' when an exemption has been previously claimed for
the records in another Privacy Act system of records. The exemption is
intended to preserve the exempt status of the record when the purposes
underlying the exemption for the original records are still valid and
necessary to protect the contents of the records.
DATES: Comments must be received on or before April 26, 2005, to be
considered by this agency.
ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records
Management Section, Washington Headquarters Services, 1155 Defense
Pentagon, Washington, DC 20301-1155.
FOR FURTHER INFORMATION CONTACT: Ms. Juanita Irvin at (703) 601-4722,
extension 110.
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. This 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
[[Page 9261]]
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 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 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.
Dated: February 18, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
List of Subjects in 32 CFR Part 311
Privacy.
Accordingly, 32 CFR part 311 is proposed to be amended to read as
follows:
PART 311--[Amended]
1. The authority citation for 32 CFR part 311 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 1986 (5 U.S.C. 522a).
2. Section 311.8 is amended by adding paragraph (c)(15) as follows:
Sec. 311.8 Procedures for exemptions.
* * * * *
(c) * * *
(15) System identifier and name: DCIFA 01, CIFA Operational and
Analytical Records.
(1) Exemptions: This system of records is a compilation of
information from other Department of Defense and U.S. Government
systems of records. To the extent that copies of exempt records from
those ``other'' systems of records are entered into this system, OSD
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 a part.
(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) 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
are 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. 522a.
[FR Doc. 05-3666 Filed 2-24-05; 8:45 am]
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