[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Proposed Rules]
[Pages 41323-41324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20267]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311


Privacy Program

AGENCY: Office of the Secretary, DOD.
ACTION: Proposed rule.

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SUMMARY: The Office of the Secretary of Defense proposes to exempt a 
system of records identified as DUSP 11, entitled POW/Missing Personnel 
Office Files. The exemption is needed to protect information properly 
classified under E.O. 12958, Classified National Security Information.
DATES: Comments must be received no later than September 30, 1997, to 
be considered by the agency.
ADDRESSES: Send comments to the OSD Privacy Act Officer, Washington 
Headquarter Services, Correspondence and Directives Division, Records 
Management Division, 1155 Defense Pentagon, Washington, DC 20301-1155.
FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 695-0970.
SUPPLEMENTARY INFORMATION: Executive Order 12866. It has been 
determined that this Privacy Act proposed rule for the Department of 
Defense does not constitute `significant regulatory action'. Analysis 
of the rule indicates that it does not have an annual effect on the 
economy of $100 million or more; does not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; does not materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; does not raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in Executive Order 12866.
Regulatory Flexibility Act. It has been determined that this Privacy 
Act proposed rule for the Department of Defense does not have 
significant economic impact on a substantial number of small entities 
because it is concerned only with the administration of Privacy Act 
systems of records within the Department of Defense.
Paperwork Reduction Act. It has been determined that this Privacy Act 
proposed rule for the Department of Defense imposes 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, and 44 U.S.C. Chapter 35.

List of Subjects in 32 CFR part 311

    Privacy.
    Accordingly, 32 CFR part 311 is amended as follows:
    1. The authority citation for 32 CFR part 311 continues to read as 
follows:
    Authority: Pub.L. 93-579, 88 Stat 1896 (5 U.S.C.552a).
    2. Section 311.7, is amended by adding paragraphs (c)(11)(i) 
through (c)(11)(iii) to read as follows:


Sec.  311.7 Procedures for exemptions.

* * * * *
    (c) * * *
    (11) System identifier and name: DUSP 11, POW/Missing Personnel 
Office Files.
    (i) Exemption: Information classified under E.O. 12958, as 
implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C. 
552a(k)(1).

[[Page 41324]]

    (ii) Authority: 5 U.S.C. 552a(k)(1).
    (iii) Reasons: From subsection 5 U.S.C. 552a(d) because granting 
access to information that is properly classified pursuant to E.O. 
12958, as implemented by DoD 5200.1-R, may cause damage to the national 
security.
* * * * *
    Dated: July 28, 1997.

L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense
[FR Doc. 97-20267 Filed 7-31-97; 8:45 am]
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