[Federal Register: August 11, 2006 (Volume 71, Number 155)]
[Proposed Rules]
[Page 46180-46181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au06-28]
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DEPARTMENT OF DEFENSE
Defense Logistics Agency
32 CFR Part 323
[Docket: DoD-2006-OS-0022]
RIN 0790-AI00
Privacy Act; Implementation
AGENCY: Defense Logistics Agency.
ACTION: Proposed rule.
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SUMMARY: The Defense Logistics Agency (DLA) is proposing to update the
DLA Privacy Act Program Rules, 32 CFR, part 323, by replacing the
(k)(2) exemption with a (k)(5) exemption to more accurately describe
the basis for exempting the records.
DATES: Comments must be received on or before October 10, 2006 to be
considered by this agency.
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. Jody Sinkler at (703) 767-5045.
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 323
Privacy.
Accordingly, 32 CFR part 323 is proposed to be amended as follows:
PART 323--DLA PRIVACY ACT PROGRAM
1. The authority citation for 32 CFR part 323 continues to read as
follows:
Authority: Public Law 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
2. Appendix H to part 323 is amended by revising the current
paragraphs a.1. through a.4. with the following:
Appendix H to Part 323, DLA Exemption Rules
* * * * *
a. ID: S500.10 (Specific Exemption)
1. System name: Personnel Security Files.
2. Exemption: Investigatory material compiled solely for the
purpose of determining suitability, eligibility, or qualifications
for federal civilian employment, federal contracts, or access to
classified information may be exempt pursuant to 5 U.S.C.
552a(k)(5), but only to the extent that such material would reveal
the identify of a confidential source. Therefore, portions of this
system may be exempt pursuant to 5 U.S.C. 552a(k)(5) from the
following subsections of 5 U.S.C. 552a(c)(3), (d), and (e)(1).
3. Authority: 5 U.S.C. 552a(k)(5).
4. Reasons: (i) From subsection (c)(3) and (d) when access to
accounting disclosures and access to or amendment of records would
cause the identity of a confidential source to be revealed.
Disclosure of the source's identity not only will result in the
Department breaching the promise of confidentiality made to the
source but it will impair the Department's future ability to compile
investigatory material for the purpose of determining suitability,
eligibility, or qualifications for Federal civilian employment,
Federal contracts, or access to classified information. Unless
sources can be assured that a promise of confidentiality will be
honored, they will be less likely to
[[Page 46181]]
provide information considered essential to the Department in making
the required determinations.
(ii) From (e)(1) because in the collection of information for
investigatory purposes, it is not always possible to determine the
relevance and necessity of particular information in the early
stages of the investigation. In some cases, it is only after the
information is evaluated in light of other information that its
relevance and necessity becomes clear. Such information permits more
informed decision-making by the Department when making required
suitability, eligibility, and qualification determinations.
* * * * *
Dated: August 7, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 06-6848 Filed 8-10-06; 8:45 am]
BILLING CODE 5001-06-M