[Federal Register: November 3, 2006 (Volume 71, Number 213)]
[Rules and Regulations]
[Page 64632-64633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no06-4]
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DEPARTMENT OF DEFENSE
32 CFR Part 318
[Docket No. DOD-2006-OS-0169]
RIN 0790-AI03
Defense Threat Reduction Agency; Privacy Act; Implementation
AGENCY: Defense Threat Reduction Agency, DoD.
ACTION: Final rule.
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SUMMARY: The Defense Threat Reduction Agency is exempting those records
in a new system of records (HDTRA 021, ``Freedom of Information Act and
Privacy Act Case Files'' (August 7, 2006, 71 FR 44668)) in its
inventory of systems of records pursuant to the Privacy Act of 1974 (5
U.S.C. 552a), as amended.
EFFECTIVE DATE: December 4, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Brenda M. Carter at (703) 325-1205
or DSN 221-1205.
SUPPLEMENTARY INFORMATION: The proposed rule was published on August 7,
2006, at 71 FR 44603. One public comment was received, but the comments
did not impact the proposed rule. The rule is therefore adopted as
published below.
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.
[[Page 64633]]
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.
0
Accordingly, 32 CFR part 318 is amended as follows:
PART 318--DEFENSE THREAT REDUCTION AGENCY PRIVACY PROGRAM
0
1. The authority citation for 32 CFR part 318 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
0
2. Section 318.16 is 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)(1), (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 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: October 30, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E6-18592 Filed 11-2-06; 8:45 am]
BILLING CODE 5001-06-P