[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Rules and Regulations]
[Page 25492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9418]



[[Page 25492]]

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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 the records contained 
in the Privacy Act system of records notice N12410-2, entitled--NCIS 
Training Academy Records. The exemption is intended to preserve the 
objectivity and/or fairness of the Naval Criminal Investigative Service 
(NCIS) test or examination process.

EFFECTIVE DATE: April 27, 2005.

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

SUPPLEMENTARY INFORMATION: The proposed rule was published on February 
25, 2005, at 70 FR 9262. No comments were received; therefore, the 
Department of the Navy is adopting the rule as published below. 
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.

PART 701--[AMENDED]

0
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).

0
2. Section 701.118, is amended by adding paragraph (h) to read as 
follows:


Sec.  701.118  Exemptions for specific Navy record systems.

* * * * *
    (h) System identifier and name: N12410-2, NCIS Training Academy 
Records.
    (1) Exemption: (i) Testing or examination material used solely to 
determine individual qualifications for appointment or promotion in the 
federal or military service, if the disclosure would compromise the 
objectivity or fairness of the test or examination process may be 
exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would 
compromise the objectivity or fairness of the test or examination 
process. Therefore, information within this system of records may be 
exempt pursuant to 5 U.S.C. 552a, subsection (d).
    (ii) Portions of this system of records are exempt from the 
following subsection of the Privacy Act: (d).
    (2) Authority: 5 U.S.C. 552a(k)(6).
    (3) Reason: From subsection (d) because this system relates to 
testing or examination materials used solely to determine individual 
qualifications for appointment or promotion in the Federal service. 
Access to or amendment of this information by the data subject would 
compromise the objectivity and fairness of the NCIS test and evaluation 
system.
* * * * *

    Dated: May 5, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 05-9418 Filed 5-12-05; 8:45 am]
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