[Federal Register: August 7, 2006 (Volume 71, Number 151)]
[Proposed Rules]
[Page 44603-44604]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au06-16]
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DEPARTMENT OF DEFENSE
32 CFR Part 318
[Docket No. D0D-2006-OS-0169]
RIN 0790-AI03
Defense Threat Reduction Agency; Privacy Act; Implementation
AGENCY: Defense Threat Reduction Agency DoD.
ACTION: Proposed rule.
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SUMMARY: The Defense Threat Reduction Agency is proposing to exempt
those records contained in HDTRA 021, entitled ``Freedom of Information
Act and Privacy Act Case Files'' 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 by October 6, 2006.
ADDRESSES: You may submit comments, identified by docket number and or
RIN number and title, by any of the following methods:
Federal eRulemaking 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://regulations.gov
as they are received without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Brenda M. Carter at (703) 767-1771
or DSN 427-1771.
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 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.
List of Subjects in 32 CFR Part 318
Privacy.
Accordingly, 32 CFR part 318 is proposed to be amended as follows:
PART 318--DEFENSE THREAT REDUCTION AGENCY PRIVACY PROGRAM
1. The authority citation for 32 CFR part 318 continued to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
2. Section 318.16 is proposed to be amended by adding paragraph (d)
as follows:
Sec. 318.16 Exemption rules.
* * * * *
(d) System identifier and name: HDTRA 021, Freedom of Information
Act and Privacy Act Request Case Files.
(1) Exemption: During the processing of a Freedom of Information
Act or 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 Defense Threat Reduction
Agency 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.
(2) Authority: 5 U.S.C. 552a(j)(2), (k)(l), (k)(2), (k)(3), (k)(4),
(k)(5), (k)(6) and (k)(7).
(3) 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
[[Page 44604]]
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, to preserve the confidentiality and
integrity of Federal testing materials, and to safeguard evaluation
materials used for military promotions when furnished by a confidential
source. 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: August 1, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 06-6721 Filed 8-4-06; 8:45 am]
BILLING CODE 5001-06-M