Federal Register: October 29, 2009 (Volume 74, Number 208)
DOCID: fr29oc09-21 FR Doc E9-26036
DEPARTMENT OF DEFENSE
Air Force Department
CFR Citation: 32 CFR Part 806b
Docket ID: [Docket ID: USAF-2009-0019]
NOTICE: RULES
DOCID: fr29oc09-21
DOCUMENT ACTION: Final 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. Comments will be accepted on or before December 28, 2009.
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)(5) exemption to accurately describe the basis for exempting the records. The Privacy Act system of records notice, F036 AETC X, entitled ``College Scholarship Program'', was published on July 7, 2008 (73 FR 38411). The same notice was amended on August 22, 2008 (73 FR 49659) requesting a System ID change.
SUMMARY:
Privacy Act; Implementation
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: Public Law 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 (24) to read as follows:
Appendix D to Part 806bGeneral and Specific Exemptions
* * * * *
(24) System identifier and name: F036 AETC X, College
Scholarship Program.
(i) Exemption: Investigatory material compiled solely for the
purpose of determining suitability * * * 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).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reasons: (A) From subsection (c)(3) and (d) and when
access to accounting disclosures and access to or amendment of
records would cause the identity of a confidential sources 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.
(B) 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 decisionmaking by the Department when making required
suitability, eligibility, and qualification determinations. * * * * *
Dated: October 7, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E926036 Filed 102809; 8:45 am]
BILLING CODE 500106P
FOR FURTHER INFORMATION CONTACT
Mr. Ben Swilley at (703) 696-6648.