[Federal Register Volume 66, Number 211 (Wednesday, October 31, 2001)]
[Rules and Regulations]
[Pages 54928-54929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27184]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 701

[Secretary of the Navy Instruction 5211.5]


Privacy Act; Implementation

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

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SUMMARY: The Department of the Navy is exempting those records 
contained in N05211-1, Privacy Act Files and Tracking System, and 
N05720-1, FOIA Request Files and Tracking System, when an exemption has 
been previously claimed for the records in `other' systems of records. 
The exemptions are intended to preserve the exempt status of records 
when the purposes underlying the exemption for the original records are 
still valid and necessary to protect the contents of the records.

EFFECTIVE DATE: October 16, 2001.

FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or 
DSN 325-6545.

SUPPLEMENTARY INFORMATION: The proposed rule was published on August 
17, 2001, at 66 FR 43141. No comments were received therefore the Navy 
is adopting the rules as final.

Executive Order 12866, ``Regulatory Planning and Review''

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby determines that Privacy Act rules for the 
Department of Defense are not significant rules. The rules do not: (1) 
Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a sector 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; or (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. Chapter 
6)

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies that Privacy Act rules for the 
Department of Defense do not have significant economic impact on a 
substantial number of small entities because they are concerned only 
with the administration of Privacy Act systems of records within the 
Department of Defense.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 
35)

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies that Privacy Act rules for the 
Department of Defense impose 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 of 1974. Section 202, Public Law 104-4, 
``Unfunded Mandates Reform Act''. The Director of Administration and 
Management, Office of the Secretary of Defense, hereby certifies that 
the Privacy Act rulemaking for the Department of Defense 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 such rulemaking will not 
significantly or uniquely affect small governments.

Executive Order 13132, ``Federalism''

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies that the Privacy Act rules for 
the Department of Defense do not have federalism implications. The 
rules do 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.

List of Subjects in 32 CFR Part 701 Privacy.

    32 CFR part 701 is amended as follows;

PART 701--[AMENDED]

    1. The authority citation for 32 CFR part 701, Subpart G continues 
to read as follows:

    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).

    2. Section 701.118, is amended by adding paragraphs (v) and (w) as 
follows:


Sec. 701.118  Exemptions for specific Navy record systems.

* * * * *
    (v) System identifier and name:

[[Page 54929]]

(1) N05211-1, Privacy Act Files and Tracking System

(2) Exemption

    During the processing of a Privacy Act request (which may include 
access requests, amendment requests, and requests for review for 
initial denials of such requests), exempt materials from other systems 
of records may in turn become part of the case record in this system. 
To the extent that copies of exempt records from those `other' systems 
of records are entered into this system, the Department of the Navy 
hereby claims the same exemptions for the records from those `other' 
systems that are entered into this system, as claimed for the original 
primary system of which they are a part.

(3) Authority

    5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), (k)(4), (k)(5), 
(k)(6), and (k)(7).
    (4) Records are only exempt from pertinent provisions of 5 U.S.C. 
552a to the extent such provisions have been identified and an 
exemption claimed for the original record and the purposes underlying 
the exemption for the original record still pertain to the record which 
is now contained in this system of records. In general, the exemptions 
were claimed in order to protect properly classified information 
relating to national defense and foreign policy, to avoid interference 
during the conduct of criminal, civil, or administrative actions or 
investigations, to ensure protective services provided the President 
and others are not compromised, to protect the identity of confidential 
sources incident to Federal employment, military service, contract, and 
security clearance determinations, and to preserve the confidentiality 
and integrity of Federal evaluation materials. The exemption rule for 
the original records will identify the specific reasons why the records 
are exempt from specific provisions of 5 U.S.C. 552a.

(w) System identifier and name

(1) N05720-1, FOIA Request Files and Tracking System

(2) Exemption

    During the processing of a Freedom of Information Act request, 
exempt materials from other systems of records may in turn become part 
of the case record in this system. To the extent that copies of exempt 
records from those `other' systems of records are entered into this 
system, the Department of the Navy hereby claims the same exemptions 
for the records from those `other' systems that are entered into this 
system, as claimed for the original primary system of which they are a 
part.

(3) Authority:

    5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), (k)(4), (k)(5), 
(k)(6), and (k)(7).
    (4) Records are only exempt from pertinent provisions of 5 U.S.C. 
552a to the extent such provisions have been identified and an 
exemption claimed for the original record and the purposes underlying 
the exemption for the original record still pertain to the record which 
is now contained in this system of records. In general, the exemptions 
were claimed in order to protect properly classified information 
relating to national defense and foreign policy, to avoid interference 
during the conduct of criminal, civil, or administrative actions or 
investigations, to ensure protective services provided the President 
and others are not compromised, to protect the identity of confidential 
sources incident to Federal employment, military service, contract, and 
security clearance determinations, and to preserve the confidentiality 
and integrity of Federal evaluation materials. The exemption rule for 
the original records will identify the specific reasons why the records 
are exempt from specific provisions of 5 U.S.C. 552a.
* * * * *

    Dated: October 19, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-27184 Filed 10-30-01; 8:45 am]
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