[Federal Register Volume 64, Number 246 (Thursday, December 23, 1999)]
[Rules and Regulations]
[Pages 72031-72032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33244]


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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 806b

[Air Force Instruction 37-132]


Air Force Privacy Act Program

AGENCY: Department of the Air Force, DOD
ACTION: Final rule.

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SUMMARY: The Department of the Air Force is adopting the exemption rule 
published on October 18, 1999, at 64 FR 56181 as final. No comments 
were received during the sixty day comment period.
EFFECTIVE DATE: December 17, 1999.
FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 588-6187.
SUPPLEMENTARY INFORMATION: 
Executive Order 12866, `Regulatory Planning and Review'
    It has been determined that this Privacy Act rule is not a 
significant regulatory action. The rule does not:
    (1) Have an annual effect to the economy of $100 million or more; 
or adversely affect in a material way the economy; a section 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;
    (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 96-354, `Regulatory Flexibility Act' (5 U.S.C. 601) 
    It has been certified that this Privacy Act 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.
Public Law 96-511, `Paperwork Reduction Act' (44 U.S.C. Chapter 35) 
    It has been certified that this Privacy Act rule does not impose 
any reporting or record keeping requirements under the Paperwork 
Reduction Act of 1995.

List of subjects in 32 CFR part 806b

    Privacy.
    Accordingly, 32 CFR part 806b is revised to read as follows:

[[Page 72032]]

PART 806b--AIR FORCE PRIVACY ACT PROGRAM

    1.  The authority citation for 32 CFR Part 806b continues to read 
as follows:
    Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).

    2.  Appendix C to Part 806b is amended by adding paragraph (b)(21) 
as follows:
* * * * *
    b. Specific exemptions.* * *
    (21)  System identifier and name: F036 AF DP G, Military Equal 
Opportunity and Treatment.
    (i) Exemption: Investigatory material compiled for law enforcement 
purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an 
individual is denied any right, privilege, or benefit for which he 
would otherwise be entitled by Federal law or for which he would 
otherwise be eligible, as a result of the maintenance of the 
information, the individual will be provided access to the information 
except to the extent that disclosure would reveal the identity of a 
confidential source. Portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(d), (e)(4)(H), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(2)
    (iv) Reasons: (1) From subsection (d) because access to the records 
contained in this system would inform the subject of an investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection, and would present a serious impediment to law enforcement. 
In addition, granting individuals access to information collected while 
an Equal Opportunity and Treatment clarification/investigation is in 
progress conflicts with the just, thorough, and timely completion of 
the complaint, and could possibly enable individuals to interfere, 
obstruct, or mislead those clarifying/investigating the complaint.
    (2) From subsection (e)(4)(H) because this system of records is 
exempt from individual access pursuant to subsection (k) of the Privacy 
Act of 1974.
    (3) From subsection (f) because this system of records has been 
exempted from the access provisions of subsection (d).
    (4) Consistent with the legislative purpose of the Privacy Act of 
1974, the Department of the Air Force will grant access to nonexempt 
material in the records being maintained. Disclosure will be governed 
by the Department of the Air Forces Privacy Instruction, but will be 
limited to the extent that the identity of confidential sources will 
not be compromised; subjects of an investigation of an actual or 
potential violation will not be alerted to the investigation; the 
physical safety of witnesses, informants and law enforcement personnel 
will not be endangered, the privacy of third parties will not be 
violated; and that the disclosure would not otherwise impede effective 
law enforcement. Whenever possible, information of the above nature 
will be deleted from the requested documents and the balance made 
available. The controlling principle behind this limited access is to 
allow disclosures except those indicated above. The decisions to 
release information from this system will be made on a case-by-case 
basis.
    Dated: December 16, 1999.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 99-33244 Filed 12-22-99; 8:45 am]
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