[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Rules and Regulations]
[Pages 59578-59579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29070]


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DEPARTMENT OF DEFENSE

Office of the Secretary



32 CFR Part 311


OSD Privacy Program

AGENCY: Office of the Secretary, DOD.

ACTION: Final rule.

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SUMMARY: The Office of the Secretary of Defense is exempting 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.

EFFECTIVE DATE: October 1, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 695-0970.


[[Page 59579]]


SUPPLEMENTARY INFORMATION:
    The proposed rule was published on August 1, 1997, at 62 FR 41323. 
No comments were received, therefore, the rule is being adopted as 
published.
      Executive Order 12866. It has been determined that this Privacy 
Act 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 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 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:

PART 311--[AMENDED]

    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).
    (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: October 29, 1997.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-29070 Filed 11-3-97; 8:45 am]
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