[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Rules and Regulations]
[Page 67856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25827]


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DEPARTMENT OF DEFENSE

48 CFR Part 224

[DFARS Case 2003-D038]


Defense Federal Acquisition Regulation Supplement; Protection of 
Privacy and Freedom of Information

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to delete text pertaining to 
the applicability of the Privacy Act to certain contractor records. 
This rule is a result of a transformation initiative undertaken by DoD 
to dramatically change the purpose and content of the DFARS.

DATES: Effective November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, Defense 
Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0296; facsimile (703) 602-0350. Please cite DFARS Case 2003-D038.

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
http://www.acq.osd.mil/dpap/dfars/transf.htm.
    This final rule is a result of the DFARS Transformation initiative. 
The rule deletes DFARS 224.102, which specifies that the Privacy Act (5 
U.S.C. 552a) does not apply to certain contractor records. The DFARS 
text is unnecessary, because this issue is adequately addressed in DoD 
Regulation 5400.11-R, Department of Defense Privacy Program, which is 
referenced in DFARS 224.103.
    DoD published a proposed rule at 69 FR 8152 on February 23, 2004. 
DoD received one comment in response to the proposed rule, and that 
comment supported the rule. Therefore, DoD has adopted the proposed 
rule as a final rule without change.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because deletion of the DFARS text does not represent a change in DoD 
policy. Applicability of the Privacy Act is adequately addressed in 
other DoD publications.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 224

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

0
Therefore, 48 CFR part 224 is amended as follows:
0
1. The authority citation for 48 CFR part 224 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 224--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION


224.102  [Removed]

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2. Section 224.102 is removed.

[FR Doc. 04-25827 Filed 11-19-04; 8:45 am]
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