[Federal Register: November 3, 2006 (Volume 71, Number 213)]
[Rules and Regulations]
[Page 64633-64634]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no06-5]
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DEPARTMENT OF DEFENSE
Defense Logistics Agency
[Docket: DoD-2006-OS-0022]
RIN 0790-AI00
32 CFR Part 323
Privacy Act; Implementation
AGENCY: Defense Logistics Agency, DoD.
ACTION: Final rule.
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SUMMARY: The Defense Logistics Agency (DLA) is modifying its exemption
rule for a system of records (S500.10, ``Personnel Security Files,''
(August 11, 2006, 71 FR 46201)) 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. Jody Sinkler at (703) 767-5045.
SUPPLEMENTARY INFORMATION: The proposed rule was published on August
11, 2006, at 71 FR 46180. No comments were received. 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.
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.
0
Accordingly, 32 CFR part 323 is amended as follows:
PART 323--DLA PRIVACY ACT PROGRAM
0
1. The authority citation for 32 CFR part 323 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
0
2. Appendix H to part 323 is amended by revising paragraphs a.1.
through a.4. to read as follows:
[[Page 64634]]
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 identity 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 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: October 30, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E6-18593 Filed 11-2-06; 8:45 am]
BILLING CODE 5001-06-P