Rule2023-18686
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
August 31, 2023
Effective
August 31, 2023
Issuing agencies
Defense Department
Abstract
The DoD is amending this part to correct an error in the Privacy Act exemption rule associated with the Privacy Act system of records DoD-0007, "Defense Reasonable Accommodation and Assistive Technology Records."
Full Text
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<title>Federal Register, Volume 88 Issue 168 (Thursday, August 31, 2023)</title>
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[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Rules and Regulations]
[Pages 60144-60145]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18686]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD-2023-OS-0076]
RIN 0790-AL68
Privacy Act of 1974; Implementation
AGENCY: Office of the Secretary of Defense, Department of Defense
(DoD).
ACTION: Technical amendment.
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SUMMARY: The DoD is amending this part to correct an error in the
Privacy Act exemption rule associated with the Privacy Act system of
records DoD-0007, ``Defense Reasonable Accommodation and Assistive
Technology Records.''
DATES: The rule will be effective on August 31, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, <a href="/cdn-cgi/l/email-protection#d49b8790fa90849798809094b9b5bdb8fab9bdb8"><span class="__cf_email__" data-cfemail="5c130f1872180c1f1008181c313d353072313530">[email protected]</span></a>,
(703) 571-0070.
SUPPLEMENTARY INFORMATION: 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
exemption.
DoD is amending 32 CFR 310.13(e)(6) to correct an error in the
Privacy Act exemption rule associated with the Privacy Act system of
records notice DoD-0007, ``Defense Reasonable Accommodation and
Assistive Technology Records.'' Section 310.13(e)(6) erroneously claims
an exemption for this system of records from 5 U.S.C. 552a(c)(4), which
generally requires the agency maintaining the system of records to
inform recipients with whom it has shared a record if later the record
was corrected or disputed pursuant to the requirements of the Privacy
Act. DoD's inclusion of subsection 552a(c)(4) was an error and DoD is
removing it from the exemption rule as well as the DoD-0007 system of
records notice, which is being modified in a notice published
concurrently in today's issue of the Federal Register.
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 (5 U.S.C. 804(2))
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. DoD will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. A
major rule may take effect no earlier than 60 calendar days after
Congress receives the rule report or the rule is published in the
Federal
[[Page 60145]]
Register, whichever is later. This rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule whose mandates may result in the expenditure by
State, local and tribal governments in the aggregate, or by the private
sector, in any one year of $100 million in 1995 dollars, updated
annually for inflation. This rule will not mandate any requirements for
State, local, or tribal governments, nor will it affect private sector
costs.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601 et
seq.)
The ATSD(PCLT) has certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This rule is concerned only with the administration
of Privacy Act systems of records within the DoD. Therefore, the
Regulatory Flexibility Act, as amended, does not require DoD to prepare
a regulatory flexibility analysis.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 501
et seq.)
The Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.) was
enacted to minimize the paperwork burden for individuals; small
businesses; educational and nonprofit institutions; Federal
contractors; State, local and tribal governments; and other persons
resulting from the collection of information by or for the Federal
Government. The Act requires agencies obtain approval from the Office
of Management and Budget before using identical questions to collect
information from ten or more persons. This rule does not impose
reporting or recordkeeping requirements on the public.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct requirement costs on State and local governments, preempts State
law, or otherwise has Federalism implications. This rule will not have
a substantial effect on State and local governments.
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--PROTECTION OF PRIVACY AND ACCESS TO AND AMENDMENT OF
INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974
0
1. The authority citation for part 310 continues to read as follows:
Authority: 5 U.S.C. 552a.
Sec. 310.13 [Amended]
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2. Section Sec. 310.13 is amended by:
0
a. Removing the first ``and (4)'' from paragraph (e)(6)(i).
0
b. Removing ``(c)(4),'' from the title of paragraph (e)(6)(iii)(A).
Dated: August 24, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-18686 Filed 8-30-23; 8:45 am]
BILLING CODE 5001-06-P
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