Rule2022-13665
Privacy Act of 1974; Implementation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 27, 2022
Effective
September 6, 2022
Issuing agencies
Defense Department
Abstract
The DoD is amending this part to remove the exemption rules associated with three systems of records notices (SORNs) established for the Department of the Air Force and two SORNs established for the Office of the Secretary of Defense under the Privacy Act of 1974, as amended. Elsewhere in this issue of the Federal Register, the DoD is giving concurrent notice of the rescindment of these same five SORNs as part of a notice rescinding numerous other SORNs. The DoD is also amending this part to remove an exemption rule associated with one SORN established for the Marine Corps that was previously rescinded by the DoD. This rule is being published as a direct final rule as the Department does not expect to receive any adverse comments. If such comments are received, this direct final rule will be withdrawn and a proposed rule for comments will be published.
Full Text
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<title>Federal Register, Volume 87 Issue 122 (Monday, June 27, 2022)</title>
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[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Rules and Regulations]
[Pages 37998-37999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13665]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD-2022-OS-0067]
RIN 0790-AL32
Privacy Act of 1974; Implementation
AGENCY: Office of the Secretary of Defense, Department of Defense
(DoD).
ACTION: Direct final rule with request for comments.
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SUMMARY: The DoD is amending this part to remove the exemption rules
associated with three systems of records notices (SORNs) established
for the Department of the Air Force and two SORNs established for the
Office of the Secretary of Defense under the Privacy Act of 1974, as
amended. Elsewhere in this issue of the Federal Register, the DoD is
giving concurrent notice of the rescindment of these same five SORNs as
part of a notice rescinding numerous other SORNs. The DoD is also
amending this part to remove an exemption rule associated with one SORN
established for the Marine Corps that was previously rescinded by the
DoD. This rule is being published as a direct final rule as the
Department does not expect to receive any adverse comments. If such
comments are received, this direct final rule will be withdrawn and a
proposed rule for comments will be published.
DATES: The rule is effective on September 6, 2022 unless comments are
received that would result in a contrary determination. Comments will
be accepted on or before August 26, 2022. If adverse comment is
received, the Department will publish a timely withdrawal of the direct
final rule.
ADDRESSES: You may submit comments, identified by docket number,
Regulatory Identifier Number (RIN), and title, by any of the following
methods.
* Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
08D09, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number or 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Defense Privacy and
Civil Liberties Division, Directorate for Privacy, Civil Liberties and
Freedom of Information, Office of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and Transparency, Department of
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria,
VA 22350-1700; <a href="/cdn-cgi/l/email-protection#a5eaf6e18be1f5e6e9f1e1e5c8c4ccc98bc8ccc9"><span class="__cf_email__" data-cfemail="0b44584f254f5b48475f4f4b666a626725666267">[email protected]</span></a>; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
Privacy Act Exemption
The Privacy Act permits Federal agencies to exempt eligible records
in a system of records from certain provisions of the Act, including
the provisions providing individuals with a right to request access to
and amendment of their own records and accountings of disclosures of
such records. If an agency intends to exempt a particular system of
records, it must first go through the rulemaking process to provide
public notice and an opportunity to comment on the proposed exemptions.
The rule explains why exemptions are being claimed for the associated
system of records. During the rule-making process, the public are
invited to comment, which DoD will consider before the issuance of a
final rule implementing those exemptions. The final rules implementing
exemptions for DoD systems of records are codified in DoD's privacy
regulation at 32 CFR part 310.
When a system of records is no longer required to be collected or
maintained, the system of records may be discontinued. The notice for
that system of record is rescinded in the Federal Register, and the
records covered by the rescinded system of records are lawfully
transferred or disposed of in accordance with applicable requirements.
At the time of rescindment or following rescindment for the system of
records notice, Federal agencies will seek to also rescind the
associated exemption rules within the Code of Federal Regulations.
Direct Final Rulemaking
This rule is being published as a direct final rule as the
Department does not expect to receive any significant adverse comments.
If such comments are received, this direct final rule will be withdrawn
and a proposed rule for comments will be published. If no such comments
are received, this direct final rule will become effective ten days
after the comment period expires.
For purposes of this rule, a significant adverse comment is one
that explains (1) why the rule is inappropriate, including challenges
to the rule's underlying premise or approach; or (2) why the direct
final rule will be ineffective or unacceptable without a change. In
determining whether a significant adverse comment necessitates
withdrawal of this direct final rule, the Department will consider
whether the comment raises an issue that would have warranted a
substantive response had it been submitted in response to a standard
notice of a proposed rule. A comment recommending an addition to the
rule will not be considered significant and adverse unless the comment
explains how this direct final rule would be ineffective without the
addition.
The DoD is amending 32 CFR part 310 by rescinding the following
regulation provisions (in their entirety) due to the underlying SORNs
being rescinded (concurrently by associated public notice) or having
been previously rescinded through public notice:
<bullet> 32 CFR 310.14(f)(12), System identifier and name. F031
497IG A, Sensitive Compartmented Information Personnel Records.
<bullet> 32 CFR 310.14(f)(14) System identifier and name. F031
497IG B, Special Security Case Files.
<bullet> 32 CFR 310.14(f)(15) System identifier and name. F031 AF
SP N, Special Security Files.
<bullet> 32 CFR 310.29(c)(2), System identifier and name. DWHS P28,
Personnel Security Operations Files.
<bullet> 32 CFR 310.29(c)(8), System identifier and name. DWHS P29,
Personnel Security, Suitability, and Homeland Security Presidential
Directive 12 (HSPD-12) Adjudications.
<bullet> 32 CFR 310.17, consisting of paragraph (a)(1), System
identifier and name. MIN00001, Personnel and Security Eligibility and
Access Information System.
[[Page 37999]]
Regulatory Analysis
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. It has been determined that this rule is not a significant
regulatory action under these Executive orders.
Congressional Review Act
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
The Assistant to the Secretary of Defense for Privacy, Civil
Liberties, and Transparency certified that this Privacy Act rule does
not have significant economic impact on a substantial number of small
entities because this rule is concerned only with the administration of
Privacy Act systems of records within the DoD.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been determined that this rule does not impose additional
information collection requirements on the public under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been determined that this rule 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 it will not significantly or uniquely affect
small governments.
Executive Order 13132, ``Federalism''
It has been determined that this rule does not have federalism
implications. This rule does 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.
Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
Executive Order 13175 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct compliance costs on one or more Indian tribes, preempts tribal
law, or affects the distribution of power and responsibilities between
the Federal Government and Indian tribes. This rule will not have a
substantial effect on Indian tribal governments.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, 32 CFR part 310 is amended as follows:
PART 310--[AMENDED]
0
1. The authority citation for 32 CFR part 310 continues to read as
follows:
Authority: 5 U.S.C. 552a.
Sec. 310.14 [Amended]
0
2. Section 310.14 is amended by removing and reserving paragraphs
(f)(12), (14), and (15).
Sec. 310.17 [Removed and Reserved]
0
3. Section 310.17 is removed and reserved.
Sec. 310.29 [Amended]
0
4. Section 310.29 is amended by removing and reserving paragraphs
(c)(2) and (8).
Dated: June 21, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2022-13665 Filed 6-24-22; 8:45 am]
BILLING CODE 5001-06-P
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</html>Indexed from Federal Register on June 27, 2022.
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