Federal Register: October 29, 2009 (Volume 74, Number 208)
DOCID: fr29oc09-31 FR Doc E9-26035
DEPARTMENT OF DEFENSE
Air Force Department
CFR Citation: 32 CFR Part 806b
Docket ID: [Docket ID: USAF-2009-0018]
NOTICE: PROPOSED RULES
DOCID: fr29oc09-31
DOCUMENT ACTION: Proposed rule with request for comments.
SUBJECT CATEGORY:
Privacy Act; Implementation
DATES: The rule will be effective on December 28, 2009 unless comments are received that would result in a contrary determination.
DOCUMENT SUMMARY:
The Department of the Air Force is updating the Department of the Air Force Privacy Act Program Rules, 32 CFR part 806b, by adding the (k)(1) thru (k)(7) exemptions to accurately describe the basis for exempting the records. The Privacy Act system of records notice, F051 AF JAA, entitled ``Freedom of Information Appeal Records'', has already been published on December 12, 2008 (73 FR 75688).
SUMMARY:
Privacy Act; Implementation
DOCUMENT BODY:
[[Page 55797]]
SUPPLEMENTAL 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 96354, ``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 96511, ``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 1044, ``Unfunded Mandates Reform Act''
It has been determined that Privacy Act rules for the Department of Defense do 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 806b
Privacy.
Accordingly, 32 CFR part 806b is amended as follows: PART 806bPRIVACY ACT PROGRAM
1. The authority citation for 32 CFR part 806b continues to read as follows:
Authority: Pub. L. 93579, 88 Stat. 1896 (5 U.S.C. 552a).
2. Paragraph (e) of Appendix D to 32 CFR part 806b is amended by adding paragraph (26) to read as follows:
Appendix D to Part 806bGeneral and Specific Exemptions
* * * * *
(26) System identifier and name: F051 AF JAA, Freedom of Information Appeal Records.
(i) Exemption: During the processing of a 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 Department of the Air Force hereby 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.
(ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), (k)(4), (k)(5), (k)(6), and (k)(7).
(iii) Reason: 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, and to preserve the confidentiality and integrity of
Federal evaluation materials. 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 7, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E926035 Filed 102809; 8:45 am]
BILLING CODE 500106P
FOR FURTHER INFORMATION CONTACT
Mr. Ben Swilley at (703) 696-6648.