Federal Register, Volume 76 Issue 74 (Monday, April 18, 2011)

[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Pages 21706-21708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9335]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2011-OS-0042]

Privacy Act of 1974; System of Records

AGENCY: Defense Logistics Agency, DoD.

ACTION: Notice to amend a system of records.

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SUMMARY: The Defense Logistics Agency is proposing to amend a system of
records notice in its existing inventory of record systems subject to
the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective without further notice on
May 18, 2011 unless comments are received which would result in a
contrary determination.

ADDRESSES: You may submit comments, identified by docket number and/
Regulatory Information Number (RIN) and title, by any of the following
methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, OSD Mailroom 3C843, 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://www.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, or
Privacy Act Officer, Headquarters Defense Logistics Agency, ATTN: DGA,
8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221.

SUPPLEMENTARY INFORMATION: The Defense Logistics Agency's system of
record notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as
amended, have been published in the Federal Register and are available
from the FOR FURTHER INFORMATION CONTACT address above.
The specific changes to the record system being amended are set
forth below followed by the notice, as amended, published in its
entirety. The proposed amendment is not within the purview of
subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended,
which requires the submission of new or altered systems reports.

Dated: April 12, 2011.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S510.30

System name:
Freedom of Information Act/Privacy Act Requests and Administrative
Appeal Records (January 22, 2009, 74 FR 4009).

Changes:
* * * * *

System location:
Delete entry and replace with ``DLA FOIA/Privacy Act Office,
Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman
Road, Suite 1644, Fort Belvoir, VA 22060-6221 and the FOIA/Privacy Act
Offices of the DLA Primary Level Field Activities. Mailing addresses
for the DLA Primary Level Field Activities may be obtained from the
system manager.''
* * * * *

Safeguards:
Delete entry and replace with ``Information in this system is
safeguarded in accordance with applicable laws, rules, and policies.
Access is limited to those officers and employees of the agency who
have an official need for access in order to perform their duties.
Access to electronic media is further restricted by the use of a two-
factor authentication process, Common Access Card and registered login
name. Physical entry is restricted by the use of locks, guards, and
administrative procedures. Employees are periodically briefed on the
consequences of improperly accessing restricted databases.''
* * * * *

System manager(s) and address:
Delete entry and replace with ``Senior Privacy and FOIA Officer,
DLA FOIA/Privacy Act Office, Headquarters, Defense Logistics Agency,
ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA
22060-6221.''

Notification procedure:
Delete entry and replace with ``Individuals seeking to determine
whether information about themselves is contained in this system should
address written inquiries to the DLA Activity to which the initial
request was addressed and/or directed or you may submit your request to
the DLA FOIA/Privacy Act Office, Headquarters, Defense Logistics
Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir,
VA 22060-6221.

[[Page 21707]]

Written inquiry should contain the subject individual's full name,
current address, telephone number, a description of the records sought,
and correspondence tracking number, if known.''

Record access procedures:
Delete entry and replace with ``Individuals seeking access to
information about themselves contained in this system of records should
address written inquiries to the DLA Activity to which the initial
request was addressed and/or directed or you may submit your request to
the DLA FOIA/Privacy Act Office, Headquarters, Defense Logistics
Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir,
VA 22060-6221.
Written inquiry should contain the subject individual's full name,
current address, telephone number, a description of the records sought,
and correspondence tracking number, if known.''

Contesting record procedures:
Delete entry and replace with ``The DLA rules for accessing
records, for contesting contents, and appealing initial agency
determinations are contained in 32 CFR part 323, or may be obtained
from the DLA FOIA/Privacy Act Office, Headquarters, Defense Logistics
Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir,
VA 22060-6221.''
* * * * *
S510.30

System name:
Freedom of Information Act/Privacy Act Requests and Administrative
Appeal Records.

System location:
DLA FOIA/Privacy Act Office, Headquarters, Defense Logistics
Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir,
VA 22060-6221 and the FOIA/Privacy Act Offices of the DLA Primary Level
Field Activities. Mailing addresses for the DLA Primary Level Field
Activities may be obtained from the System manager.

Categories of individuals covered by the system:
Individuals who submit Freedom of Information Act (FOIA) and
Privacy Act (PA) requests, or FOIA/PA administrative appeals;
individuals whose requests and/or records have been referred to the
Defense Logistics Agency by other agencies; and in some instances
includes attorneys representing individuals submitting such requests
and appeals, or individuals who are the subjects of such requests and
appeals.

Categories of records in the system:
Records created or compiled in response to FOIA and Privacy Act
requests and administrative appeals and includes the original requests
and administrative appeals; responses to such requests and
administrative appeals; all related memoranda, correspondence, notes,
and other related or supporting documentation; and, in some instances,
copies of requested records and records under administrative appeal.

Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 552, Freedom of
Information Act, as amended; and 5 U.S.C. 552a, The Privacy Act of
1974, as amended.

Purpose(s):
This system is maintained for the purpose of processing access
requests and administrative appeals under the FOIA, access and
amendment requests and administrative appeals under the Privacy Act;
for the purpose of participating in litigation regarding agency action
on such requests and appeals; and for the purpose of assisting the
Defense Logistics Agency in carrying out any other responsibilities
under the FOIA and the Privacy Act.

Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, these records contained therein may
specifically be disclosed outside the DOD as a routine use pursuant to
5 U.S.C. 552a(b)(3) as follows:
Information may be provided to other Federal, State, and local
agencies when it is necessary to coordinate responses or denials.
The DoD `Blanket Routine Uses' also apply to this system of
records.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:

Storage:
Records may be stored on paper and/or on electronic media.

Retrievability:
Records are retrieved by the name of the requester or appellant;
the case number assigned to the request or appeal; and in some
instances may be retrieved by the name of the attorney representing the
requester or appellant, or the name of an individual who is the subject
of such a request or appeal.

Safeguards:
Information in this system is safeguarded in accordance with
applicable laws, rules, and policies. Access is limited to those
officers and employees of the agency who have an official need for
access in order to perform their duties. Access to electronic media is
further restricted by the use of a two-factor authentication process,
Common Access Card and registered login name. Physical entry is
restricted by the use of locks, guards, and administrative procedures.
Employees are periodically briefed on the consequences of improperly
accessing restricted databases.

Retention and disposal:
Freedom of Information Act Requests Full disclosure files are
destroyed 2 years after date of reply; FOIA request denial files are
destroyed after 6 years if not appealed; FOIA appeal files are
destroyed 6 years after final determination by agency, or 6 years after
the time at which a requester could file suit, or 3 years after
adjudication by courts, whichever is later.
Privacy Act Requests--Requests totally granted are destroyed 2
years after date of reply; requests totally or partially denied and not
appealed are destroyed 5 years after date of reply; requests totally or
partially denied and appealed are destroyed 4 years after final
determination by agency or 3 years after final adjudication by courts,
whichever is later.

System manager(s) and address:
Senior Privacy and FOIA Officer, DLA FOIA/Privacy Act Office,
Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman
Road, Suite 1644, Fort Belvoir, VA 22060-6221.

Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the DLA Activity to which the initial request was addressed and/or
directed or you may submit your request to the DLA FOIA/Privacy Act
Office, Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J.
Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221.
Written inquiry should contain the subject individual's full name,
current address, telephone number, a description of the records sought,
and correspondence tracking number, if known.

Record access procedures:
Individuals seeking access to information about themselves
contained

[[Page 21708]]

in this system of records should address written inquiries to the DLA
Activity to which the initial request was addressed and/or directed or
you may submit your request to the DLA FOIA/Privacy Act Office,
Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman
Road, Suite 1644, Fort Belvoir, VA 22060-6221.
Written inquiry should contain the subject individual's full name,
current address, telephone number, a description of the records sought,
and correspondence tracking number, if known.

Contesting record procedures:
The DLA rules for accessing records, for contesting contents, and
appealing initial agency determinations are contained in 32 CFR part
323, or may be obtained from the DLA FOIA/Privacy Act Office,
Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman
Road, Suite 1644, Fort Belvoir, VA 22060-6221.

Record source categories:
Data is provided by the record subject, the FOIA/Privacy Act staff,
and program software. Those individuals who submit initial requests and
administrative appeals pursuant to the FOIA and the Privacy Act; the
agency records searched in the process of responding to such requests
and appeals; other agencies or entities that have referred to the
Defense Logistics Agency requests concerning Defense Logistics Agency
records, or that have consulted with the Defense Logistics Agency
regarding the handling of particular requests.

Exemptions claimed for the system:
During the course of a FOIA/Privacy Act action, exempt materials
from other systems of records may become part of the case records in
this system of records. To the extent that copies of exempt records
from those other systems of records are entered into these FOIA/PA case
records, Defense Logistics Agency hereby claims the same exemptions for
the records as claimed in the original primary systems of records which
they are a part.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c),
and (e) and published in 32 CFR part 323. For additional information
contact the System manager.

[FR Doc. 2011-9335 Filed 4-15-11; 8:45 am]
BILLING CODE 5001-06-P